STATE v. BUTLER

No. 58845.

810 S.W.2d 668 (1991)

STATE of Missouri, Respondent/Respondent, v. Benjamin BUTLER, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied June 19, 1991.

Application to Transfer Denied July 23, 1991.


Attorney(s) appearing for the Case

Dave Hemingway, Asst. Sp. Public Defender, St. Louis, for defendant-appellant.

William L. Webster, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for respondent-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied June 19, 1991.

KAROHL, Judge.

Benjamin Butler appeals after conviction and sentence as a persistent offender for sale of crack cocaine. § 195.211 RSMo Cum.Supp.1990. The unusual feature of this case is defendant testified and admitted he performed every act constituting the charged crime. He was convicted on undisputed facts proven by the state's evidence and confirmed by his testimony. We,...

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