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  5. 937 S.W.2d 237 (1996)
 

STATE v. JOHNSON

Nos. 20035, 20702.

937 S.W.2d 237 (1996)

STATE of Missouri, Plaintiff-Respondent, v. Gerry JOHNSON, Defendant-Appellant. Gerry JOHNSON, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

November 8, 1996.

Attorney(s) appearing for the Case

Rose M. Wibbenmeyer, Asst. Public Defender, Columbia, for defendant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., David R. Truman, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

SHRUM, Judge.

The State charged that on February 6, 1993, Gerry Johnson (Defendant) distributed cocaine in violation of § 195.211, RSMo 1994.1 A jury found Defendant guilty and because Defendant was found to be a prior and persistent offender, it was the trial court that set his sentence at thirty years imprisonment. Later, Defendant filed a timely motion for postconviction relief pursuant to Rule 29.15. Appointed counsel filed an...

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