State v. Serna

SWOFFORD, Presiding Judge.

Appellant was convicted by a jury of sales of a controlled substance under a two-count Information and was sentenced by the court, under the Second Offender Act, to 25 years on the first count and five years on the second count, such sentences to run consecutively.

The only point raised on this appeal is that the trial court erred in not requiring the state to elect which of the two counts charged would be submitted to the jury.

The state offered evidence from a member of the Kansas City, Missouri Police Department on special assignment as an undercover agent for the…