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STATE v. BECK

No. 55888.

785 S.W.2d 714 (1990)

STATE of Missouri, Plaintiff-Respondent, v. Richard BECK, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied March 7, 1990.

Application to Transfer Denied April 17, 1990.

Attorney(s) appearing for the Case

Curtis C. Crawford, Alan G. Kimbrell, Rosecan & Kimbrell, St. Louis, for defendant-appellant.

William L. Webster, Atty. Gen., Stewart M. Freilich, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 7, 1990.

CRANDALL, Judge.

Defendant, Richard Beck, appeals from his conviction of possession of more than 35 grams of marijuana, in violation of Section 195.020, RSMo (1986). He was sentenced as a prior and persistent offender to imprisonment for ten years. We reverse and remand for a new trial.

Defendant was first convicted in a previous trial for the same offense, but that conviction...

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