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STATE v. MOTLEY

No. 37211.

546 S.W.2d 435 (1976)

STATE of Missouri, Plaintiff-Respondent, v. John Patrick MOTLEY, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing or Transfer Denied February 16, 1977.

Attorney(s) appearing for the Case

Newmark & Baris, Irl B. Baris, Kenneth H. Graeber, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Jefferson City, Robert M. Sommers, Asst. Attys. Gen., Brendan Ryan, Circuit Atty., St. Louis, for plaintiff-respondent.

RENDLEN, Judge.

John Patrick Motley appeals his conviction on two counts for illegal sale of marijuana, a Schedule I Controlled Substance, under § 195.200 RSMo.1969, V.A.M.S.1 Having a prior controlled substance felony conviction, Motley received the minimum mandatory sentences provided in § 195.200, subsection 1(5), on each count, the sentences to run concurrently.

Defendant concedes the sufficiency of the evidence but...

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