STATE v. HERNANDEZ

No. 15801.

776 S.W.2d 34 (1989)

STATE of Missouri, Respondent, v. Ruben Fernandez HERNANDEZ, Appellant.

Missouri Court of Appeals, Southern District, Division One.

August 9, 1989.


Attorney(s) appearing for the Case

Kimberly Bonney Landman, Asst. Public Defender, Springfield, for appellant.

William L. Webster, Atty. Gen., Daryl R. Hylton, Asst. Atty. Gen., Jefferson City, for respondent.


CROW, Presiding Judge.

Appellant, facing trial by jury for possession of more than 35 grams of marihuana, § 195.020, RSMo 1986, requested the trial court to assess punishment if appellant were found guilty. § 557.036.2(1), RSMo 1986. The jury returned a verdict of guilty; the trial court fixed appellant's punishment at five years' imprisonment. § 195.200.1(1)(b), RSMo Supp.1987. This appeal followed.

Appellant maintains the trial court erred...

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