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STATE v. SIMMONS

Nos. WD 51418, WD 52630.

939 S.W.2d 487 (1997)

STATE of Missouri, Respondent, v. Marlon SIMMONS, Appellant.

Missouri Court of Appeals, Western District.

January 21, 1997.

Attorney(s) appearing for the Case

Rosemary Percival, Asst. Appellate Defender, Kansas City, for appellant.

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

Before LOWENSTEIN, P.J., and BERREY and LAURA DENVIR SMITH, JJ.

BERREY, Judge.

Marlon Simmons appeals from his convictions following a jury trial on three counts of selling a controlled substance in violation of § 195.211, RSMo Cum.Supp.1993 and from the denial of his Rule 29.15 motion without an evidentiary hearing. Appellant first alleges the trial court plainly erred in failing to declare a mistrial sua sponte after it was stated at trial that a photograph of appellant used in a photo lineup was obtained from the...

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