State v. Kelly

CRANE, Judge.

Defendant, Harold Kelly, was found guilty of tampering in the first degree in violation of § 569.080.1(2) RSMo 1986. The trial court found Kelly to be a prior and persistent offender and sentenced him to a term of thirteen years imprisonment. He filed a motion for post-conviction relief which was denied after an evidentiary hearing. He appeals only from the judgment of the trial court.

Defendant raises four points on appeal. He asserts the trial court erred in overruling his motion for a new trial based on juror misconduct, in overruling his Batson motion to quash the jury panel,…