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STATE v. POTTS

No. 26531.

181 S.W.3d 228 (2005)

STATE of Missouri, Plaintiff-Respondent, v. Allen D. POTTS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 15, 2005.

Application for Transfer Denied January 31, 2006.

Attorney(s) appearing for the Case

William J. Swift, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Dora A. Fichter, Assistant Attorney General, Jefferson City, for respondent.

PHILLIP R. GARRISON, Judge.

A jury found Allen D. Potts ("Appellant") guilty of the class B felony of possession of a controlled substance with the intent to distribute, Section 195.2111, for which he was sentenced as a prior and persistent offender, to a term of fifteen years in the Missouri Department of Corrections. He appeals claiming, inter alia, that the prosecutor vindictively...

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