State v. Jasper

I cannot agree with the majority opinion in its holding that the refusal of the mistrial in this case is not plain error under Rule 27.20(c).

I conclude that it constitutes plain error because the argument plainly can be read as referring to prior convictions, particularly because of its repetition, and because I believe it is the purest speculation to ascribe the six-year sentence in this case to the issue of the assault on the policeman and not to the implication of prior convictions of the defendant. I do not see how it can be determined, absent speculation, that the improper reference to…