State v. Briscoe

LIMBAUGH, Judge.

The State of Missouri appeals the judgment of the trial court sustaining defendant Orlando L. Briscoe’s Rule 29.15 motion to vacate his convictions under § 195.-020, RSMo 1986 (repealed), 1 of three counts of sale of cocaine. We accepted transfer to review the issue raised in the Rule 29.15 motion — whether the failure to recite in the information that defendant acted “knowingly” in the commission of the offenses is a fatal defect. The judgment of the trial court is reversed.

Defendant Briscoe’s challenge to the sufficiency of the information, first raised in the Rule 29.15…