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STATE v. SMITH

No. 59903.

851 S.W.2d 570 (1993)

STATE of Missouri, Respondent, v. Michael SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied March 24, 1993.

Application to Transfer Denied May 25, 1993.

Attorney(s) appearing for the Case

Beverly A. Beimdiek, St. Louis, for appellant.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied March 24, 1993.

KAROHL, Chief Judge.

Defendant, Michael Smith, appeals his conviction of illegal delivery of a controlled substance, heroin, § 195.211 RSMo Cum.Supp.1991. The court sentenced defendant as a prior and persistent offender to ten years imprisonment to be served concurrently with a sentence in another cause.

We previously considered defendant's two claims of error which were...

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