State v. Simmons

SIMON, Judge.

Appellant, Wendell Simmons, was charged in an amended substitute information, in Count I with sale of a controlled substance, § 195.211 R.S.Mo.1986 (all further references are to R.S.Mo.1986 unless otherwise noted), in Count II with escape from custody, § 575.-200 and in Count III with assault in the third degree, § 565.070. He was also charged as a prior drug offender under § 558.016 and § 557.036.4, and as a persistent drug offender under § 558.016 and § 557.036.4. After a mistrial where the wrong information was read to the jury, appellant was tried before a new jury. The…