State v. Barajas

The defendant was convicted of the class C felony of tampering in the first degree, § 569.080.1(2), RSMo 1994, in the circuit court of Buchanan County. He was sentenced to nine months in the Buchanan County Jail. §§ 558.011.1(3) and 560.011, RSMo.1994.

At the first recess of court, during voir dire, the trial court failed to read mandatory *75instruction MAI-CR3d 300.04. The defendant requested that the panel be struck, which was denied.

Following the defendant’s conviction and sentence, he appeals alleging the sole point that his right to due process of law was violated because the court failed…