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ABELL v. STATE

No. 41894.

606 S.W.2d 198 (1980)

Frank Joseph ABELL, Plaintiff-Respondent, v. STATE of Missouri, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 17, 1980.

Application to Transfer Denied November 12, 1980.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Paul Robert Otto, Lisa Camel, Asst. Attys. Gen., Jefferson City, George R. Westfall, Pros. Atty., Clayton, for defendant-appellant.

William J. Shaw, Public Defender, Michael Young, Asst. Public Defender, Clayton, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 17, 1980.

CRIST, Judge.

Appeal by the state from a ruling on a Rule 27.26 motion wherein movant's fifty year sentence for the sale of marijuana was vacated and a lesser, ten year sentence, imposed. We reverse and remand with instructions to reinstate the fifty year sentence.

Movant was sixteen years old when first charged in juvenile court with the commission of six felonies in 1974...

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