State v. Brooks

CRIST, Judge.

Defendant was convicted by a jury of stealing, § 570.030, RSMo 1986, and assault third degree, § 565.070, RSMo 1986. He was sentenced to ten days in the county jail and fined $100 on the assault count. On the stealing count he was sentenced, as a prior offender, to a prison term of four years. He alleges the trial court erred in not instructing the jury as to the lessor included offense of stealing under $150. We affirm.

Although defendant’s assertion of error “relates to the giving, refusal or modification of an instruction ...” he did not set forth the instruction in the…