State v. Vann

John A. Vann appeals his conviction, following a jury trial, for sale of a controlled substance, § 195.211, RSMo 1994,1 for which he was sentenced as a prior and persistent offender to ten years imprisonment. Vann contends that the trial court plainly erred in allowing an undercover detective to testify regarding Vann’s past purchase of narcotics. Vann also challenges the trial court’s action in sentencing him as a persistent offender, arguing that the state failed to adequately plead, allege and produce evidence that Vann was a persistent offender and that the trial court failed to make a…