State v. Maynard

SMART, Judge.

Danny Maynard was convicted, after jury trial, of committing robbery in the second degree, § 569.030, RSMo 19941, for which he was sentenced as a prior and persistent offender to ten years imprisonment running concurrently with a previously imposed sentence. Maynard appeals, claiming that the trial court: (1) erred by refusing to submit defense Instruction “A”, his lesser included offense instruction on misdemeanor stealing, to the jury; and (2) abused its discretion in failing to sustain his objection to and in failing to instruct the jury to disregard a portion of the State’s…