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STATE v. KERNS

No. 24458.

85 S.W.3d 73 (2002)

STATE of Missouri, Plaintiff-Respondent, v. Donald KERNS, Defendant-Appellant.

Missouri Court of Appeals, Southern District.

Petition for Rehearing and Transfer Denied August 30, 2002.

Application for Transfer Denied October 22, 2002.

Attorney(s) appearing for the Case

Kent Denzel, Assistant State Public Defender, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephanie Morrell, Assistant Attorney General, Jefferson City, MO, for Respondent.

JAMES K. PREWITT, Presiding Judge.

Following a jury trial in Greene County, Donald Kerns ("Defendant") was found guilty of possession of more than 35 grams of marijuana, a class C felony under § 195.202, RSMo Supp.1999, and sentenced to three years' imprisonment. Defendant appeals his conviction, contending that the trial court erred in overruling his motion for judgment of acquittal at the close of all evidence and in entering judgment on the verdict because...

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