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PHILLIPS v. STATE

No. 19889.

902 S.W.2d 318 (1995)

Sherman PHILLIPS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 23, 1995.

Attorney(s) appearing for the Case

Rose M. Wibbenmeyer, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Judge.

Movant, Sherman Phillips, was charged with two crimes:

Count I: manufacturing with intent to deliver an imitation controlled substance, § 195.242, RSMo Cum.Supp.1992, a class D felony;

Count II: manufacturing a controlled substance, § 195.211, RSMo Cum.Supp. 1992, a class B felony.

Pursuant to a plea agreement, the prosecutor dismissed Count II, Movant pled guilty to Count I, and the court sentenced Movant to five years...

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