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STATE v. WHITNEY

No. WD 58798.

69 S.W.3d 89 (2001)

STATE of Missouri, Respondent, v. Hubert E. WHITNEY, Jr., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied January 29, 2002.

Attorney(s) appearing for the Case

John M. Schilmoeller, Asst. Public Defender, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Shaun J. Mackelprang, Andrew W. Hassell, Assistant Attorneys General, Jefferson City, for Respondent.

Before HOWARD, P.J., and BRECKENRIDGE and NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 29, 2002.

Order

PER CURIAM.

Hubert E. Whitney, Jr., appeals from the judgment under which he was sentenced, after being found guilty by a jury of possession of a controlled substance, as a prior and persistent offender to seven years in the Missouri Department of Corrections. During voir dire, Mr. Whitney made Batson objections to the State's use of its peremptory...

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