Missouri Court of Appeals, Southern District / May 12, 2023
STATE OF MISSOURI, Plaintiff-Respondent v. DANIEL A. BURPO, Defendant-Appellant
Daniel Burpo appealed his conviction for attempt to manufacture less than 35 grams of marijuana, for which he was sentenced as a prior and persistent offender. The trial court had entered a judgment of conviction following a jury trial. The appellate court reversed the conviction, finding the evidence insufficient to prove Burpo attempted to manufacture marijuana because the State failed to show he had anything to do with growing the plants. The case was remanded with instructions to discharge Burpo on the manufacturing offense and to show his acquittal on the possession charge.