643 S.W.2d 837 | Mo. Ct. App. | 1982
Appellant was convicted, in a jury trial, of selling a controlled substance, marijuana, § 195.020, RSMo (1978).
On September 8, 1980, Trooper J.C. Lee, an undercover drug agent for the Highway Patrol, drove to appellant’s home to buy
Appellant first contends that the trial court erred by failing to suppress the in-court identification of appellant by Trooper Lee. Appellant has not preserved this issue for appellate review since he failed to make any objection at trial. State v. Thompson, 629 S.W.2d 361, 364 (Mo.App.1981). We have considered the contentions raised by appellant and find that no manifest injustice or miscarriage of justice resulted therefrom. Rule 29.12(b).
Appellant next contends that the trial court prejudicially erred in giving Instruction No. 6
Appellant next contends that the trial court erred in giving Instruction No. 6
Appellant finally contends that the trial court erred in not making specific findings of fact concerning the basis for imposition of an extended term of imprisonment as a “persistent offender” pursuant to § 558.021(3). Appellant has failed to provide this court with a transcript of the
The judgment of the trial court is affirmed.
. All statutory references are to RSMo (1978) unless otherwise indicated.
. Instruction No. 6, MAI-CR2d 2.12, reads as follows:
If you find and believe from the evidence beyond a reasonable doubt:
First, that on or about September 8,1981, a certain person with the aid or attempted aid of defendant committed the offense of sale of marijuana to J.C. Lee, and
Second, that the defendant, either before or during the commission of the offense of sale of marijuana to J.C. Lee with the purpose of promoting its commission, aided such other person in committing that offense, and
Third, that the defendant was aware of the character of the substance and knew that he sold it, then you will find the defendant guilty of sale of marijuana to J.C. Lee.
However, if you do not find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of that offense.
If you do find the defendant guilty of sale of marijuana to J.C. Lee, you will assess and declare the punishment at imprisonment by the Department of Corrections for a term fixed by you, but not less than five years nor more than life imprisonment.
. Id.
. The record before this court consists of the amended information, which describes his three previous felony convictions and pleads that appellant is a persistent offender, and the judgment and sentence papers which state: “The State presents its evidence on defendant’s three prior convictions all of which were in this court and the court based upon this evidence finds that the defendant is a persistent offender.”