STATE v. BRISCOE

Nos. WD 48207, WD 49288.

892 S.W.2d 355 (1995)

STATE of Missouri, Respondent, v. James Michael BRISCOE, Appellant. James Michael BRISCOE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

February 14, 1995.


Attorney(s) appearing for the Case

Judith LaRose, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Asst. Atty. Gen., Jefferson City, for respondent.

Before SPINDEN, P.J., and LOWENSTEIN and ELLIS, JJ.


SPINDEN, Presiding Judge.

A jury convicted James Michael Briscoe of delivering more than five grams of marijuana. He does not challenge the sufficiency of the state's evidence in obtaining the conviction but complains that the trial court erred by refusing to instruct the jury concerning a lesser-included offense of delivering less than five grams. He also complains that the court did not draft findings of fact and conclusions of law in overruling his Rule 29.15 motion...

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