Selvey v. State

REINHARD, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion. A jury found him guilty of uttering a forged prescription for Phen-metrazine under § 195.170(5), RSMo. (Supp. 1975), the penalty section being § 195.-200(1). The court sentenced movant under the Second Offender Act to serve a term of two years.

As movant’s sole point on appeal, he states that the trial court erred in denying his motion, “because the information was fatally defective in that it listed Phenme-trazine as a Schedule II controlled substance and charged movant-appellant with a violation of RSMo., §…