State v. Hill

KAROHL, Presiding Judge.

Defendant Michael Hill appeals from his conviction of forgery: uttering as genuine, in violation of § 570.090(4), RSMo 1978. Following the jury’s verdict, the court sentenced defendant as a persistent offender to fifteen years imprisonment. Defendant’s attorney subsequently disappeared. No motion for new trial was filed.

Defendant contends that (1) the trial court committed plain error by failing to order a mistrial when the prosecutor referred to defendant’s failure to testify; (2) the trial court committed plain error by failing to order a mistrial when the prosecutor…