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STATE v. MOORE

Nos. 64562, 66448.

904 S.W.2d 365 (1995)

STATE of Missouri, Respondent, v. Othel MOORE, Appellant. Othel MOORE, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied July 27, 1995.

Application to Transfer Denied September 19, 1995.

Attorney(s) appearing for the Case

Dave Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joanne E. Beal, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 1995.

KAROHL, Judge.

A jury convicted defendant, Othel Moore, (also known as Othel Jones) of sale of a controlled substance, heroin, in violation of § 195.291 RSMo Cum.Supp.1992, a class B felony. He was sentenced to serve ten years without the possibility of probation or parole as a prior and persistent drug offender. Section 195.291 RSMo Cum.Supp.1994. Defendant appeals the conviction...

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