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STATE v. PEREZ

No. KCD 27748.

534 S.W.2d 542 (1976)

STATE of Missouri, Respondent, v. Octaviano J. PEREZ, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied March 3, 1976.

Application to Transfer Denied April 14, 1976.

Attorney(s) appearing for the Case

Robert G. Duncan and William E. Shull, Kansas City, for appellant; Duncan & Russell, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.

PRITCHARD, Chief Judge.

Appellant was convicted by the verdict of a jury in a second trial of the commission of the offenses of the sale of the controlled substances, secobarbital and pentobarbital, as charged in separate counts, to James W. Eapman and Robert T. Lawton, respectively. The jury was unable to agree upon the punishment, and the court therefore sentenced appellant to seven years imprisonment in the Department of Corrections upon each count of the indictment...

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