State v. Horn

BERREY, Presiding Judge.

James Horn appeals his conviction for felony stealing, § 570.030, RSMo 1986, and the denial of his Rule 29.15 motion. Affirmed. Appellant alleges plain error in the trial court’s overruling his objection to prosecutor’s rebuttal closing argument. Appellant also claims that his counsel was ineffective for failing to include this in a motion for new trial.

On July 4, 1989, appellant, along with Darrell Johnson and James Pabst, went swimming at Finger Lakes State Park. After swimming for a while the three men purchased a 12-pack of beer and returned to the park. They left…