STATE OF MISSOURI, Plaintiff-Respondent v. SCOTT S. HALFORD

Scott S. Halford (“Defendant”) was convicted of second-degree domestic assault. Defendant appeals, claiming the trial court erred in failing to submit a lesser-included offense instruction for third-degree domestic assault. We agree and reverse the trial court’s judgment.

Standard of Review

“The giving or failure to give an instruction or verdict form in violation of this Rule 28.02 or any applicable Notes On Use shall constitute error, the error’s prejudicial effect to be judicially determined, provided that objection has been timely made pursuant to Rule 28.03.” 1 Rule 28.02(f). 2 Thus, “[a]…