STATE v. ANDERSON

No. 66556.

698 S.W.2d 849 (1985)

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

Supreme Court of Missouri, En Banc.

Rehearing Denied November 21, 1985.


Attorney(s) appearing for the Case

Henry W. Cummings, St. Charles, for appellant.

John Ashcroft, Atty. Gen., Dan Crawford, Asst. Atty. Gen., Jefferson City, for respondent.


DONNELLY, Judge.

Defendant was convicted by a jury of two counts of possession of a controlled substance, § 195.020, RSMo Supp.1982, and was acquitted of a third count. The trial court determined that defendant was a "prior offender" within the meaning of § 558.016.2, RSMo Supp.1984, and sentenced him to concurrent terms of imprisonment of ten years on each of the two counts. On appeal, a majority of participating judges of the Eastern District of the Court...

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