State v. Hill

REINHARD, Presiding Judge.

Defendant was convicted of assault in the second degree, a violation of section 565.060 RSMo. 1978, a class D felony, and was sentenced to a five year term with the Department of Corrections. On appeal, he alleges the trial court erred in (1) overruling defendant’s request for a mistrial because of a comment made by the prosecuting attorney during closing argument, and (2) submitting MAI-CR2d 2.60 and MAI-CR2d 2.12 modified by MAI-CR2d 19.04.2 because they failed to adequately inform the jury it could fine the defendant as a possible punishment alternative. We affirm.