(Download) "State Missouri v. Duane Earl Whardo" by Supreme Court of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Duane Earl Whardo
- Author : Supreme Court of Missouri
- Release Date : January 17, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This case comes before us as a result of persistent confusion over the interplay and reconciliation between the "Comprehensive Drug Control Act of 1989," §§ 195.005, et seq. ("Drug Act") and the punishment reduction provisions of § 1.160, RSMo 1986. Duane Whardo was convicted by a jury of two separate counts of selling marijuana in violation of § 195.020.1, RSM 1986. The trial court imposed two seven-year prison sentences as recommended by the jury and ordered the sentences to run concurrently. Whardo subsequently filed a Rule 29.15 motion seeking to vacate the judgment, but following two evidentiary hearings, the motion court denied relief. The Court of Appeals, Southern District, affirmed the denial of post-conviction relief but, on direct appeal, remanded for a jury determination of the amount of marijuana sold. We then granted transfer pursuant to Mo. Const. art. V, § 10. The convictions are reversed and the case is remanded for new trial.