State v. Emmert

NANCY STEFFEN RAHMEYER, Chief Judge.

Donnie Emmert (“Appellant”) was convicted, following a jury trial, of three counts of assault of a law enforcement officer in the second degree, § 565.082 1 , and one count of property damage in the first degree, § 569.100. He was sentenced to consecutive terms of imprisonment of fifteen, five, and ten years on the three assault counts, and a concurrent sentence of one year imprisonment with a $500 fine on the property damage count. Appellant contends the trial court committed plain error in failing to declare a mistrial sua sponte because during opening…