State v. Cook

PARRISH, Judge.

Melvin Cook (defendant) was charged with two counts of distributing marijuana, a controlled substance, a class C felony. § 195.211.1 One of the offenses was alleged to have occurred March 18, 1991 (Count I). The other was alleged to have occurred April 5, 1991 (Count II). Both counts charged defendant as a persistent offender. § 558.016.3.

*91Following a jury trial defendant was found not guilty as to Count I and guilty as to Count II. He was sentenced in Count II as a persistent offender.

Defendant thereafter filed a motion for post-conviction relief as permitted by Rule 29.15. The…