Missouri Court of Appeals, 2008

State v. Vaughn

State v. Vaughn
Missouri Court of Appeals · Decided May 13, 2008 · Howard, Lowenstein, Newton
256 S.W.3d 150; 2008 Mo. App. LEXIS 650; 2008 WL 2019588 (South Western Reporter, Third Series)

State v. Vaughn

Opinion

ORDER

PER CURIAM.

Robert Vaughn was convicted, after a jury trial, of delivery of a controlled substance, in violation of Section 195.211, and sentenced as a prior and persistent offender, to thirteen years. Vaughn contends that the trial court erred in denying his only request, asking for a mistrial after a police detective testified that he identified Vaughn from photographs of “local subjects involved with narcotics and that had been arrested in the area.” This court cannot conclude, in view of the attenuated nature of the statement and the quantum of evidence against Vaughn, that the statement played a decisive role in the jury’s verdict. Accordingly, the trial court did not err in overruling Vaughn’s motion for a mistrial. Judgment affirmed. Rule 30.25(b).

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