State v. Hinsa

CROW, Judge.

A jury found Appellant guilty of burglary in the second degree. § 569.170.1 The trial court sentenced Appellant — a prior offender, § 558.016.2 — to seven years’ imprisonment. This appeal followed.

The first of Appellant’s two points relied on avers the trial court erred in refusing to give the jury an instruction tendered by Appellant hypothesizing the offense of trespass in the first degree. § 569.140. Appellant’s second point maintains the trial court committed plain error by permitting the prosecutor “to misdefine the law in closing argument.”

Appellant presented no evidence and…