State v. Mizanskey

FENNER, Chief Judge.

Appellant, Jeffrey Mizanskey, appeals his conviction after trial by jury for possession of more than five grams of marijuana with intent to deliver and distribute in violation of section 195.211.2, RSMo 1993 Supp. Mizans-key was charged as a prior and persistent drug offender and sentenced by the trial court to life imprisonment. On appeal, Mi-zanskey raises five points of error, the first of which, the trial court’s failure to give the jury an instruction on the lesser included offense of possession of less than thirty-five grams of a controlled substance, is disposi-tive…