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STATE v. NICHOLSON

No. ED 83677.

150 S.W.3d 124 (2004)

STATE of Missouri, Respondent, v. Robert NICHOLSON, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

November 16, 2004.

Attorney(s) appearing for the Case

Amanda R. Schehr, St. Louis, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan Buchheim, Asst. Attorney General, Jefferson City, MO, for Respondent.

Before PATRICIA L. COHEN, P.J. and KATHIANNE KNAUP CRANE and ROBERT G. DOWD, JR., JJ.

ORDER

PER CURIAM.

Robert Nicholson (Defendant) appeals from the sentence and judgment upon his conviction by a jury for possession of a controlled substance, Section 195.202, RSMo 2000, for which he was sentenced as a prior and persistent offender, Sections 558.016 and 588.021, RSMo 2000, to eight years' imprisonment. Defendant contends the trial court plainly erred in sentencing Defendant as a prior and persistent offender because the State only proved...

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