STATE v. BEAL

No. 48759.

699 S.W.2d 66 (1985)

STATE of Missouri, Respondent, v. Larry BEAL, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Rehearing Denied October 17, 1985.


Attorney(s) appearing for the Case

Doris G. Black, St. Louis, for appellant.

John Munson Morris, Asst. Atty. Gen., Jefferson City, for respondent.


SMITH, Presiding Judge.

Defendant appeals from his conviction by a jury of two counts of selling marijuana and his sentence by the court as a prior offender to concurrent ten year terms. We affirm.

After submission of this case it came to the attention of the Court that at the time of sentencing the prosecuting attorney filed the following memorandum:

"Comes now the State and, with leave of court, withdraws the allegation of a prior drug related conviction...

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