State v. Green

WELLIVER, Judge.

Appellant was tried and found guilty by a jury of attempting to obtain by fraud a Schedule II controlled substance and a Schedule IV controlled substance. Sections 195.170(1), 195.250, RSMo 1978,1 respectively. The jury fixed punishment at one year imprisonment for Count I and six months confinement in the county jail on Count II. The trial court having found appellant to be a persistent offender under § 558.016, extended his term of imprisonment in the Division of Corrections to two and one-half years on each count, the sentences to run concurrently. The Missouri Court of…