STATE v. GIVENS

No. WD 50000.

917 S.W.2d 215 (1996)

STATE of Missouri, Respondent, v. Darrell L. GIVENS, Appellant.

Missouri Court of Appeals, Western District.

March 12, 1996.


Attorney(s) appearing for the Case

Susan Lynn Hogan, 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 HANNA, P.J., and SMART and ELLIS, JJ.


HANNA, Presiding Judge.

Defendant, Darrell Givens, appeals from his conviction, by a jury, of one count of trafficking in the second degree, § 195.223, RSMo 1994. He challenges the sufficiency of the evidence and the trial court's refusal to submit his instruction on possession of a controlled substance, a lesser included offense of trafficking in the second degree.

On September 17, 1993, Police Officers Charles Hill and Marcus Guerrero were dispatched...

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