STATE v. SMITH

No. 40369.

585 S.W.2d 540 (1979)

STATE of Missouri, Respondent, v. Robert SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

July 31, 1979.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, James Porter, Asst. Public Defender, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Robert Engel, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


REINHARD, Presiding Judge.

Defendant appeals from his conviction of possession of a Schedule I controlled substance (heroin) and carrying a concealed weapon. The court sentenced defendant under the Second Offender Act to serve a term in the Department of Corrections of 15 years on the drug charge and 3 years on the concealed weapon charge, to run concurrently.

Defendant does not challenge the sufficiency of the evidence; only one point is raised on appeal...

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