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  5. 935 S.W.2d 747 (1996)
 

STATE v. SULLIVAN

Nos. 19834, 20769.

935 S.W.2d 747 (1996)

STATE of Missouri, Plaintiff-Respondent, v. Charles W. SULLIVAN, Defendant-Appellant. Charles SULLIVAN, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied December 13, 1996.

Application to Transfer Denied January 21, 1997.

Attorney(s) appearing for the Case

Tim Hogan, St. Louis, Marc B. Fried, Hillsboro, for Charles Sullivan.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, Jefferson City, for State.

BARNEY, Presiding Judge.

Following a jury trial, Charles Sullivan (Defendant) was convicted of possession of a controlled substance with intent to distribute in violation of § 195.2111. He was found by the trial court to be a prior and persistent drug offender, §§ 195.275 and 195.291.1 and.2, and sentenced to ten years in the Department of Corrections without eligibility for probation, parole, or release except by act of...

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