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STATE v. SIMMONS

Nos. 60890, 62344.

861 S.W.2d 128 (1993)

STATE of Missouri, Respondent, v. Wendell SIMMONS, Appellant. Wendell SIMMONS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied September 16, 1993.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Rudolph R. Rhodes, IV, Asst. Atty. Gen., Jefferson City, for respondent.

Marilynn Rydlund, Public Defender, St. Louis, for appellant.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 16, 1993.

SIMON, Judge.

Appellant, Wendell Simmons, was charged in an amended substitute information, in Count I with sale of a controlled substance, § 195.211 R.S.Mo.1986 (all further references are to R.S.Mo.1986 unless otherwise noted), in Count II with escape from custody, § 575.200 and in Count III with assault in the third degree, § 565.070. He was also charged as a...

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