The Missouri Southern District Court of Appeals Monday rejected a former Joplin man's efforts to receive a new trial on a felony drug trafficking charge.
Judge David Dally sentenced Gary Lee Mitchell to 15 years in prison after he was convicted following a two-day trial in 2013 in Jasper County Circuit Court.
The Joplin Police Department arrested Mitchell following a traffic stop on Main Street after finding 96 grams of powder and crack cocaine and two pounds of marijuana in a duffel bag.
Mitchell asked for a new trial claiming his trial attorney offered him an inadequate defense by not calling a witness on his behalf. Mitchell said the drugs in the duffel bag did not belong to him, but to a friend who had left them in the vehicle.
The witness was not called because Mitchell's lawyer determined that not only could he not clear his client, but he could actually damage his case.
Mitchell was convicted as a persistent offender and will have to serve at least 10 years in prison before he is eligible for parole.
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