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STATE v. JOHNSON

No. WD 70816.

316 S.W.3d 390 (2010)

STATE of Missouri, Respondent, v. Kenneth Leroy JOHNSON, Appellant.

Missouri Court of Appeals, Western District.

Application for Transfer Denied August 31, 2010.

Attorney(s) appearing for the Case

Nancy A. McKerrow, Assistant State Public defender, Columbia, MO, for Appellant.

Chris Koster, Attorney General, Mary H. Moore, Assistant Attorney General, Jefferson City, MO, for Respondent.

Before Division III: JAMES EDWARD WELSH, Presiding Judge, and MARK D. PFEIFFER and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

The State charged Appellant Kenneth L. Johnson with possession of a controlled substance. § 195.202, RSMo 2000. Johnson was convicted by a jury in the Circuit Court of Boone County, the Honorable Gary Oxenhandler presiding. Johnson preserved his right to appeal the circuit court's adverse ruling on his pre-trial motion to suppress evidence, which, if it had been granted, would have resulted in an acquittal. We affirm.

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