STATE v. WHARDO

No. 75333.

859 S.W.2d 138 (1993)

STATE of Missouri, Respondent, v. Duane Earl WHARDO, Appellant. Duane Earl WHARDO, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

August 17, 1993.


Attorney(s) appearing for the Case

Raymond L. Legg, Office of the State Public Defender, Columbia, for appellant.

Jeremiah (Jay) Nixon, Atty. Gen., Frank A. Jung, Asst. Atty. Gen., Jefferson City, for respondent.


LIMBAUGH, Judge.

This case comes before us as a result of persistent confusion over the interplay and reconciliation between the "Comprehensive Drug Control Act of 1989," §§ 195.005, et seq. ("Drug Act") and the punishment reduction provisions of § 1.160, RSMo 1986.

Duane Whardo was convicted by a jury of two separate counts of selling marijuana in violation of § 195.020.1, RSMo 1986. The trial...

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