State v. Hicks

BARNEY, Judge.

Brian L. Hicks (Defendant) was charged by information with the class C felony of burglary. See § 569.170.1 Following a trial by jury, Defendant was convicted of that charge and sentenced as a persistent offender to ten years imprisonment in the Missouri Department of Corrections. See § 558.016.

Defendant appeals, assigning two interrelated points of trial court error. First, Defendant argues that he was entitled to a mistrial and, alternatively, a new trial, because Juror Brill and Juror McIntosh, en*121gaged in conversations with one of the state’s witnesses and the bailiff,…