STATE v. SERNA

No. KCD 26971.

526 S.W.2d 66 (1975)

STATE of Missouri, Respondent, v. Louis E. SERNA, Appellant.

Missouri Court of Appeals, Kansas City District.

July 7, 1975.


Attorney(s) appearing for the Case

Charles W. Franklin, Asst. Public Defender, Columbia, for appellant.

John C. Danforth, Atty. Gen., Donald R. Bird, Asst. Atty. Gen., Jefferson City, for respondent.

Before SWOFFORD, P. J., and WELBORN and HIGGINS, Special JJ.


SWOFFORD, Presiding Judge.

Appellant was convicted by a jury of sales of a controlled substance under a twocount Information and was sentenced by the court, under the Second Offender Act, to 25 years on the first count and five years on the second count, such sentences to run consecutively.

The only point raised on this appeal is that the trial court erred in not requiring the state to elect which of the two counts charged would be submitted to the jury.<...

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