State v. Brown

DIXON, Presiding Judge.

Defendant appeals from concurrent sentences of five years on each of two counts of narcotics possession. The sentences were court imposed when the jury returned guilty verdicts on each count but were unable to agree on punishment.

Defendant raises the single issue that the trial court erred in failing to give MAI-CR 2.70. This has not been preserved for direct review.

The record shows that the jury returned its verdict on May 21, 1975, and the trial court granted the defendant ten additional days or a total of twenty days to file the motion for new trial. The motion was…