State v. Cruz

EDWIN H. SMITH, Presiding Judge.

Victor M. Cruz appeals the judgment of his jury conviction in the Circuit Court of Jackson County for armed criminal action (ACA), § 571.015.1,1 based on his underlying felony conviction for second degree assault, § 565.060.1(5).

In his sole point on appeal, the appellant claims that the trial court plainly erred in giving Instruction No. 9, the State’s verdict director submitting the offense of ACA, without hypothesizing a culpable mental state of “knowingly,” because it violated due process and MAI-CR 3d 332.02,2 the mandatory instruction for submitting ACA,…