State of Missouri, Respondent, v. Benjamin Sayles, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: State of Missouri, Respondent, v. Benjamin Sayles, Appellant. Case Number: No. 53583 Handdown Date: 08/05/1997 Appeal From: Circuit Court of Cole County, Hon. Thomas J. Brown, III Counsel for Appellant: David Simpson Counsel for Respondent: Fernando Bermudez Opinion Summary: None Citation: Opinion Author: Per Curiam Opinion Vote: AFFIRMED. Smart, P.J., Lowenstein and Stith, JJ., concur. Opinion: ORDER Benjamin Sayles appeals his two convictions for the sale of a controlled substance claiming that the trial court erred in refusing to instruct the jury on the lesser included offense of possession of a controlled substance. We find that there was no evidence which would have established a basis for acquitting Mr. Sayles of the sale but convicting him of possession, and therefore the trial court did not err in refusing to submit the proffered instruction. Because a published opinion would have no precedential value, we affirm by this summary order and have furnished the parties with a memorandum setting forth our judgment. Judgment affirmed. Rule 30.25(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.