State v. Butler

KAROHL, Judge.

Benjamin Butler appeals after conviction and sentence as a persistent offender for sale of crack cocaine. § 195.211 RSMo Cum.Supp.1990. The unusual feature of this case is defendant testified and admitted he performed every act constituting the charged crime. He was convicted on undisputed facts proven by the state’s evidence and confirmed by his testimony. We, therefore, need not detail the evidence to decide Butler’s contention that he is entitled to a new trial because of a matter of plain error. He argues the court “committed plain error in failing to declare [sua sponte] a…