State v. Miner

CRIST, Judge.

Defendant appeals from a jury conviction for first degree assault. The trial court sentenced defendant as a persistent offender to thirty years imprisonment. We reverse and remand.

On direct examination of state’s psychiatric rebuttal witness, the prosecutor elicited volunteered testimony that defendant was “arrested by age 14.” Records or statements of a juvenile offender “are not lawful or proper evidence against the child and shall not be used for any purpose whatsoev*333er in any proceeding, civil or criminal § 211.271(3) RSMo 1978.

The mandatory, all-inclusive prohibition…