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STATE v. NEHER

No. SC 87860.

213 S.W.3d 44 (2007)

STATE of Missouri, Respondent, v. Brian Edwin NEHER, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 27, 2007.

Attorney(s) appearing for the Case

Kent Denzel, Office of Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun J. Mackelprang, Asst. Atty. Gen., Jefferson City, for Respondent.

PER CURIAM.1

Introduction

The State charged Brian Neher with five drug offenses. Neher waived a jury and was tried by the court. The court found Neher guilty of four of the offenses as charged and a lesser included offense of the fifth offense that was charged. Neher complains that the court violated his right to be free from double jeopardy by finding him guilty of the lesser included...

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