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STATE v. WAELDER

No. 57960.

800 S.W.2d 802 (1990)

STATE of Missouri, Plaintiff-Respondent, v. Jeffery Brian WAELDER, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 18, 1990.

Attorney(s) appearing for the Case

Rosalynn Koch, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

KAROHL, Judge.

Defendant appeals conviction and twelve year sentence as a persistent offender for sale of 3.14 grams of marijuana on November 16, 1989, to an undercover police officer. The officer testified defendant sold him marijuana in the presence of defendant's friend, Rusty Davis. The officer acknowledged that Davis later claimed to own the marijuana. Defendant testified Davis made the sale. In a jury waived trial, the court believed the officer.

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