State v. Nichols

864 S.W.2d 433, 1993 Mo. App. LEXIS 1736, 1993 WL 453616

Opinion

ORDER

PER CURIAM.

Defendant appeals from his conviction for possession of a controlled substance and sentence as a prior offender to two years of probation after the court suspended execution of Defendant’s five-year sentence.

We find the trial court did not plainly err in submitting Instruction No. 4, modeled after MAI-CR3d 302.04. That instruction does not operate to deny Defendant due process and is not constitutionally infirm. State v. Griffin, 848 S.W.2d 464, 468-69 (Mo. banc 1993).

We further find no jurisprudential purpose would be served by a written opinion in this matter and dispose of it by summary order. Rule 30.25(b).

Judgment affirmed.