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STATE v. METCALF

No. ED 85803.

182 S.W.3d 272 (2006)

STATE of Missouri, Plaintiff/Respondent, v. Edwin L. METCALF, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

January 24, 2006.

Attorney(s) appearing for the Case

Kent Denzel, Assistant Public Defender, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Daniel N. McPherson, Assistant Attorney General, Jefferson City, MO, for respondent.

OPINION

MARY K. HOFF, Presiding Judge.

Edwin L. Metcalf (Defendant) appeals the trial court's judgment and sentence imposed following a jury verdict convicting him of Class C felony possession of a controlled substance, in violation of Section 195.202 RSMo 2000.1 The trial court sentenced Defendant, as a prior and persistent offender in accordance with Section 558.016, to a term of ten years' imprisonment. We reverse.

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