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STATE v. NIEBRZYDOSKI

No. ED 83046.

151 S.W.3d 836 (2004)

STATE of Missouri, Respondent, v. Steven NIEBRZYDOSKI, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

As Corrected October 5, 2004.

Motion for Rehearing and/or Transfer Denied November 30, 2004.

Application for Transfer Denied January 25, 2005.

Attorney(s) appearing for the Case

Melinda K. Pendergraph, Columbia, MO, for appellant.

Andrea Kaye Spillars, Leslie E. McNamara, Jefferson City, MO, for respondent.

Before MARY R. RUSSELL, P.J., WILLIAM H. CRANDALL, JR., J., CLIFFORD H. AHRENS, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 30, 2004.

ORDER

PER CURIAM.

Steven Niebrzydoski appeals from the judgment entered on a jury verdict convicting him of possession of a controlled substance with intent to distribute. He was sentenced as a prior and persistent offender to ten years imprisonment. He alleges two points of error on appeal. First, he contends that the trial court erred in denying his motion to...

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