State v. Brewer

SIMON, Judge.

The defendant, Oliver Eugene Brewer, appeals from a conviction on one count of robbery in the first degree rendered in a bench trial in the Circuit Court of Franklin County, Division I. He was sentenced to a twenty year term in the Missouri Department of Corrections.

On appeal, the defendant contends that the trial judge erred: (1) in declaring a mistrial sua sponte where an insufficient number of venirepersons appeared and defendant waived the required number and was willing to proceed to trial; and (2) in denying defendant’s motions to dismiss because the statute defining the…