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STATE v. EVANS

No. 38555.

567 S.W.2d 359 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Larry EVANS, Defendant-Appellant.

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

Motion for Rehearing and/or Transfer Denied June 8, 1978.

Application to Transfer Denied July 24, 1978.

Attorney(s) appearing for the Case

Blair Drazic, Asst. Public Defender, Robert C. Babione, Public Defender, St. Louis, for defendant-appellant.

George A. Peach, Circuit Atty., Marion G. Eisen, Asst. Circuit Atty., St. Louis, John D. Ashcroft, Atty. Gen., Paul R. Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

SMITH, Judge.

Defendant appeals his conviction and sentence following a guilty plea on a charge of selling marijuana. The sentence was five years imprisonment. We have been awaiting the decision in State v. Mitchell, 563 S.W.2d 18 (Mo.1978), which raised the same issues as those before us. We affirm.

Defendant may appeal on grounds that the statute under which he was convicted is unconstitutional. These constitutional...

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