State v. Simmons

GARY W. LYNCH, Judge.

Casey Alton Simmons (“Defendant”) appeals his conviction, following a jury trial, for conspiracy to commit murder in the second degree, in violation of section 564.016. 1 Defendant argues the trial court erred by improperly denying his motion to dismiss, which claimed that the prosecution was founded in outrageous government conduct, and the trial court plainly erred by failing to sua sponte modify Instruction No. 5, which instructed the jury on the elements of conspiracy to commit murder and mirrored MAI-CR 3d 304.10. Finding no merit in Defendant’s arguments, we affirm.

F…