State v. Kehner

SIMON, Presiding Judge.

Johnny Kehner, appellant, appeals from his sentence for murder in the second degree, § 565.021 R.S.Mo.1986 (all further references shall be to R.S.Mo.1986 unless otherwise indicated) and armed criminal action, § 571.015; and the denial of his motion to vacate judgment and sentence pursuant to Rule 29.15.

On appeal, appellant contends that (1) the trial court abused its discretion when it overruled appellant’s objection and motion for new trial and submitted Instruction No. 10, patterned after MAI-CR3d 310.50, in violation of appellant’s rights in that it may not be…