Nos. WD 47085, WD 48218.

876 S.W.2d 806 (1994)

STATE of Missouri, Respondent, v. Jose A. MOLINETT, Appellant. Jose A. MOLINETT, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

May 24, 1994.

Attorney(s) appearing for the Case

Matthew J. O'Connor, Office of the State Public Defender, Columbia, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.


HANNA, Judge.

This case involves an issue of prosecutorial vindictiveness. We are concerned whether the defendant's due process rights were violated when the prosecutor, upon learning that the defendant withdrew his agreement to plead guilty, filed an amended information charging the defendant as a prior offender thereby enhancing the range of punishment.

The defendant, Jose Molinett, was convicted by the court of distribution of a controlled substance, &...

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