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STATE v. SMALLWOOD

No. ED 88778.

230 S.W.3d 662 (2007)

STATE of Missouri, Respondent, v. Tonya SMALLWOOD, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

August 21, 2007.

Attorney(s) appearing for the Case

Irene Karns, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joan E. Reed, Jefferson City, MO, for respondent.

CLIFFORD H. AHRENS, Judge.

Tonya Smallwood ("Defendant") appeals from the judgment entered after a jury convicted her of distribution of a controlled substance in violation of section 195.211 RSMo 2000, for which she received a term of 100 months' imprisonment as a persistent misdemeanor offender. Defendant contends that the trial court plainly erred by failing to declare a mistrial sua sponte, based on an allegedly improper opening statement by the State....

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