State v. Molinett

HANNA, Judge.

This case involves an issue of prosecutorial vindictiveness. We are concerned whether the defendant’s due process rights were violated when the prosecutor, upon learning that the defendant withdrew his agreement to plead guilty, filed an amended information charging the defendant as a prior offender thereby enhancing the range of punishment.

The defendant, Jose Molinett, was convicted by the court of distribution of a controlled substance, § 195.211, RSMo Supp.1993. The trial court found that defendant was a “prior drug offender” pursuant to § 195.291, RSMo Supp.1993, and a “prior…