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STATE v. MONATH

No. WD 57578.

42 S.W.3d 644 (2001)

STATE of Missouri, Respondent, v. Bryan S. MONATH, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 27, 2001.

Application to Transfer Denied May 29, 2001.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for Respondent.

Kent Denzel, Asst. Public Defender, Columbia, for Appellant.

Before SPINDEN, C.J., and EDWIN H. SMITH and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 27, 2001.

HOWARD, Judge.

A Lafayette County jury convicted Bryan S. Monath (hereinafter "defendant") of possession of a chemical with the intent to create a controlled substance, § 195.420, RSMo 1994.1 The trial court then sentenced him as a prior and persistent offender, § 558.016, to ten years imprisonment...

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