State v. Harper

Gary M. Gaertner, Jr-., Judge

Introduction

Anthony Harper (Defendant) appeals from a sentence and judgment of conviction for attempted burglary in the second degree. He argues the trial court erred in allowing the State to argue an adverse inference from Defendant’s failure to call a particular witness for-the defense. We affirm. ,

Background

The State charged Defendant as a prior and persistent offender with the class D felony of attempted burglary in the second degree. Viewed in a light most favorable to the verdict,1 the evidence at trial showed the following.

An off-duty St. Louis Metropolitan…