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STATE v. HAWKINS

No. 12781.

645 S.W.2d 739 (1983)

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

Missouri Court of Appeals, Southern District, Division One.

January 18, 1983.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Kristie Green, Kirk Lohman, Asst. Attys. Gen., Charles Smarr, Law Student (appearing under Rule 13), Jefferson City, for plaintiff-respondent.

Harry R. Stafford, Jr., Hartville, for defendant-appellant.

TITUS, Judge.

On January 12, 1982, defendant was jury-convicted of selling marijuana (also spelled marihuana) in violation of §§ 195.020 and 195.200.1(4)1 and, per the verdict, was sentenced to imprisonment for a term of five years. On the same date the court granted defendant "40 days to file Motion for new trial." The motion was in fact filed on Monday, February 22, 1982, which was on the 40th day after trial when computed...

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