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STATE EX REL. GARRETT v. DALLY

No. 27023.

188 S.W.3d 111 (2006)

STATE of Missouri ex rel. David B. GARRETT, Relator, v. Honorable David C. DALLY, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Rehearing Denied March 22, 2006.

Application for Transfer Denied May 2, 2006.

Attorney(s) appearing for the Case

Larry Maples, Office of the State Public Defender, Carthage, MO, for relator.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Assistant Attorney General, Jefferson City, MO, for respondent.

GARY W. LYNCH, Judge.

Upon information filed by the State, Relator David B. Garrett (Defendant) was tried by jury and convicted on two counts of possession of a controlled substance with intent to deliver, in violation of § 195.211.1 This court reversed both convictions and remanded the case for a new trial. State v. Garrett, 139 S.W.3d 577, 585 (Mo.App.2004). After remand, Defendant took...

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