State v. Dunn

ROBERT S. BARNEY, Judge.

James Dunn (“Defendant”) appeals his conviction by a Greene County jury of assault in the second degree, § 565.060.1(5), RSMo.1994, for which he was sentenced, as a prior and persistent offender, § 558.016, RSMo.1994, to twenty years’ imprisonment. 1

Defendant raises three points of trial court error. In his first point, he posits that the trial court erred in instructing the jury on assault in the second degree, the offense that he was ultimately convicted of, in that there was no evidence presented that Defendant acted recklessly. In his second point, Defendant posits…