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STATE v. BURGESS

No. 23026.

28 S.W.3d 441 (2000)

STATE of Missouri, Plaintiff-Respondent, v. Roger E. BURGESS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied October 2, 2000.

Application for Transfer Denied October 31, 2000.

Attorney(s) appearing for the Case

Nancy A. McKerrow, Asst. Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Wade Thomas, Asst. Atty. Gen., Jefferson City, for Respondent.

PHILLIP R. GARRISON, Judge.

Roger E. Burgess ("Defendant") was charged by amended information with the sale of a controlled substance in violation of Section 195.211.1 A jury found Defendant guilty, and he was sentenced as a prior drug offender to eighteen years imprisonment. Defendant appeals his conviction asserting that the trial court plainly erred in failing to declare a mistrial, sua sponte, during the State's opening statement,...

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