State v. Johnson

REINHARD, Judge.

Defendant was convicted by a jury of the offense of burglary in the second degree, *451§ 569.170, RSMo 1978. The jury assessed his punishment at four years in the Department of Corrections. Defendant had been charged as a persistent offender and after a finding by the court that he was a persistent offender, the court enhanced the punishment by an additional six years. Defendant appeals. We affirm.

On appeal, defendant raises one point. He contends the court erred in submitting instruction No. 9, which is MAI-CR 2d 2.60, to the jury. That instruction reads as follows:

You are…