Missouri Court of Appeals, 2007

State v. Spencer

State v. Spencer
Missouri Court of Appeals · Decided October 16, 2007 · Crane, Dowd, Romines
235 S.W.3d 593; 2007 Mo. App. LEXIS 1417; 2007 WL 2993556 (South Western Reporter, Third Series)

State v. Spencer

Opinion

ORDER

PER CURIAM.

Harold S. Spencer (“Defendant”) appeals from the judgment upon his conviction by a jury for domestic assault in the second degree, Section 565.073, RSMo 2000, for which he was sentenced as a prior and persistent offender to twelve years’ imprisonment. Defendant contends the trial court plainly erred in failing to (1) sua sponte instruct the jury on self-defense, (2) sua sponte instruct the jury on the lesser included offense of domestic assault in the third degree, (3) sua sponte instruct the jury to disregard the State’s improper argument regarding a prior conviction, and (4) sua sponte instruct the jury to disregard the State’s improper argument that the victim’s injuries were consistent with choking.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating principles of law would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rule 30.25(b).

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