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STATE v. RODRIGUEZ

No. WD 54756.

985 S.W.2d 863 (1998)

STATE of Missouri, Respondent. v. Filberto L. RODRIGUEZ, Jr., Appellant,

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 2, 1999.

Application for Transfer Denied March 23, 1999.

Attorney(s) appearing for the Case

Thomas D. Carver, Dee Wampler, Springfield, MO for Appellant.

Philip M. Koppe, Asst. Attorney General Kansas City, MO for Respondent.

Before: Presiding Judge RIEDERER, Judge LOWENSTEIN and Judge ULRICH.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 2, 1999.

LOWENSTEIN, J.

Rodriguez was found guilty by a jury of possession of a controlled substance with the intent to distribute, § 195.211, RSMo 1994, and was sentenced as a prior and persistent offender to fifteen years' imprisonment. Rodriguez' appeal concerns the trial court's failure to grant a mistrial. Rodriguez sought a mistrial based on the state's failure to disclose to...

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