State v. Hyzer

HOGAN, Judge.

A jury has found defendant Donald F. Hyzer guilty of the sale of marihuana in violation of § 195.020, RSMo Supp.1984. His punishment has been assessed at imprisonment for a term of 5 years. Defendant appeals. We reverse and remand.

On August 11, 1984, defendant was working as a bartender in a Joplin bar. After the defendant had finished his shift, one Mike Kime, a volunteer “undercover” agent for the Joplin Police Department, arranged to purchase marihuana from the defendant. The defendant offered to sell Kime one-fourth ounce of marihuana for $30. Kime told the defendant he would…