State v. Minner

*94RICHARD B. TEITELMAN, Judge.

Edwin Minner appeals his conviction for violating section 195.218, RSMo Supp.2003, which prohibits the delivery of a controlled substance within 1,000 feet of “public housing or other governmental assisted housing.” The State failed to prove that Min-ner knew he was within one thousand feet of public housing when he delivered a controlled substance. The judgment is reversed. The case is remanded for an entry of conviction for the class B felony of delivery of a controlled substance under section 195.211.1

FACTS

On August 16, 2004, officers Hensley and Rataj of the…