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STATE v. LOWERY

No. WD 68941.

276 S.W.3d 860 (2009)

STATE of Missouri, Respondent, v. Anthony C. LOWERY, Appellant.

Missouri Court of Appeals, Western District.

January 13, 2009.

Attorney(s) appearing for the Case

Margaret M. Johnston, Columbia, MO, for appellant.

Shaun J. Mackelprang, Mary H. Moore, Jefferson City, MO, for respondent.

Before DIV I: LOWENSTEIN, P.J., SPINDEN and HOWARD, JJ.

ORDER

PER CURIAM.

Anthony Lowery appeals his conviction for distribution of a controlled substance, Section 195.211,1 after a trial by jury. Lowery contends the trial court abused its discretion in failing to sustain his objection during closing arguments when the prosecutor referenced excluded evidence, thereby resulting in prejudice and an unfair trial. Because the prosecutor's reference to excluded evidence did not...

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