State v. Whardo

LIMBAUGH, Judge.

This case comes before us as a result of persistent confusion over the interplay and reconciliation between the “Comprehensive Drug Control Act of 1989,” §§ 195.005, et seq. (“Drug Act”) and the punishment reduction provisions of § 1.160, RSMo 1986.

Duane Whardo was convicted by a jury of two separate counts of selling marijuana in violation of § 195.020.1, RSMo 1986. The trial court imposed two seven-year prison sentences as recommended by the jury and ordered the sentences to run concurrently. Whardo subsequently filed a Rule 29.15 motion seeking to vacate the judgment, but…