State v. Harris

CRIST, Presiding Judge.

Defendant appeals from a jury conviction of first degree robbery, § 569.020 and kidnapping, § 565.110, RSMo 1978. The trial court sentenced defendant to a total of 12 years imprisonment for both convictions. We reverse on the basis of prosecutorial misconduct and remand for a new trial.

At trial victim testified defendant robbed him at knife point of $28.00. Defendant testified victim offered him the $28.00 for a homosexual encounter. Defendant admitted taking the offer but then refused to submit. Defendant claims victim then got angry, called the police, and wrongly…