State v. Brooks

RENDLEN, Judge.

Convicted on two counts of illegal sale of heroin, defendant was sentenced as a Second Offender to concurrent terms of 13 years on each count. Following affirmance in the Court of Appeals, Eastern District, the cause was transferred under Rule 83.03 to examine for possible conflict in that decision with State v. Kirkland, 471 S.W.2d 191 (Mo.1971). We review the cause as though here on original appeal. Art. V, Sec. 10, Mo.Const.; Rule 83.09.

Defendant’s assignments of error include: (1) insufficient identification evidence to sustain his conviction; (2) abuse of discretion by the…