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575 S.W.2d 914

State v. Wilburn

Missouri Court of Appeals

Decided December 27, 1978

Missouri Court of Appeals · decided 1978-12-27

Cited by 3 later decisions — most recently December 1981

3 state decisions

Relies on State v. Shumate

Good law ✅— No negative treatment on recordhow we know

Decided 1978-12-27

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CRIST, Judge.

¶1Defendant was found guilty by a jury of Illegal Possession of a Controlled Substance, Schedule I — heroin. The court, utilizing the Second Offender Act and the penalty provisions of the Narcotic Drug Act, assessed his punishment at twenty years confinement in the Missouri Department of Corrections.

¶2On February 23, 1976, defendant was charged with felonious possession of heroin. On June 4, 1976, a second amended information was filed. Defendant was additionally charged with two prior convictions, possession of a narcotic drug and illegal sale of a narcotic drug. Trial began on September 6, 1977.

¶3Defendant complains of the amended charges of the two prior convictions for the reason that it pleaded a new and more severe offense in violation of Rule 24.02. We disagree.

¶4The purpose of the amendment was to make the Second Offender Act and the penalty provisions of the Narcotic Drug Act applicable in assessing punishment. No new offense or crime was charged by the amendment. We have previously spoken on this issue. State v. Shumate, 516 S.W.2d 297 (Mo.App.1974); see § 195.200, subsection 3 RSMo. Supp. 1975.

¶5The judgment is affirmed.

DOWD, P. J., and STOCKARD, Special Judge, concur.
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