State of Missouri, Respondent, v. Benjamin Sayles, Appellant.
Decision date: Unknown
Slip Opinion Notice
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Opinion
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.
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