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STATE v. SCHUMACHER

No. WD 60244.

85 S.W.3d 759 (2002)

STATE of Missouri, Respondent, v. Matthew J. SCHUMACHER, Appellant.

Missouri Court of Appeals, Western District.

October 8, 2002.

Attorney(s) appearing for the Case

Anthony C. Cardarella, District Public Defender, St. Joseph, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Jefferson City, Philip M. Koppe, Assistant Attorney General, Kansas City, for respondent.

RONALD R. HOLLIGER, Judge.

Matthew Schumacher appeals his conviction for one count of possession of a controlled substance with intent to distribute1 after his retrial following the declaration of a mistrial on one of three counts. He argues only one point, contending that his retrial was barred by the double jeopardy clause because the jury, at the first trial, had taken a vote, unanimously...

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