State v. Burks

NANCY STEFFEN RAHMEYER, Presiding Judge.

Edward H. Burks, III (“Appellant”), appeals his conviction for the class A felony of assault in the first degree, section 565.050, and armed criminal action, section 571.015.1 Appellant was found guilty in a jury trial and sentenced to consecutive terms of imprisonment of twenty-five years and ten years, respectively. Appellant raises two points on appeal, both challenging the sufficiency of the jury instruction: (1) that the trial court erred in refusing to instruct the jury on assault in the second degree and failing to include an instruction on…