State v. Tivis

SMART, Judge.

Vance E. Tivis appeals from his conviction for stealing over $150.00, § 570.030, RSMo 1994 1 and for burglary in the second degree, § 569.170, for which he was sentenced to two concurrent terms of fifteen years imprisonment. Tivis also appeals from the denial of his Rule 29.15 motion for post-conviction relief. In his direct appeal, Tivis contends that the trial court erred by not sua sponte declaring a mistrial when a police detective testified that he had obtained Tivis’ photograph, used in a photographic lineup, from a “mug file” and where the lineup, viewed by the jury,…