State v. Kitchen

CROW, Judge.

A jury found Defendant, Edward Kitchen, guilty of two felonies:

Count I: production of more than five grams of marijuana, § 195.211, RSMo Cum.Supp.1991;

Count II: possession of more than thirty-five grams of marijuana, § 196.202, RSMo Cum.Supp.1991.

The jury assessed punishment at five years’ imprisonment on Count I and three years’ imprisonment on Count II. The trial court imposed those sentences, ordering that they run concurrently. Defendant brings appeal 19701 from that judgment.

While that appeal was pending, Defendant filed a motion to vacate the judgment and sentences per Rule…