State v. Burgess

PHILLIP R. GARRISON, Judge.

Roger E. Burgess (“Defendant”) was charged by amended information with the sale of a controlled substance in violation of Section 195.211.1 A jury found Defendant guilty, and he was sentenced as a prior drug offender to eighteen years imprisonment. Defendant appeals his conviction asserting that the trial court plainly erred in failing to declare a mistrial, sua sponte, during the State’s opening statement, and in permitting the State to “inject matters into the minds of the jurors *443during closing argument that were not proper for their consideration.”

Defendant does…