State v. Berry

GARRISON, Judge.

Virgil L. Berry (Defendant) appeals his jury conviction for first degree sexual assault and deviate sexual assault in violation of §§ 566.040 and 566.070. 1 He was sentenced as a prior offender to consecutive terms of six years’ imprisonment on each count.

On this appeal, Defendant alleges trial court error in not granting a mistrial because the State referred to the fact that he had a prior conviction; in giving an instruction on verdict possibilities; in permitting the State to file an amended information without arraigning him and giving him an opportunity for a preliminary…