State v. Carpenter

C. DAVID DARNOLD, Special Judge.

James L. Carpenter (“Defendant”) was-convicted by a jury of the crime of first degree burglary, Section 569.160, RSMo 1994, and armed criminal action, Section 571.015, RSMo 1994. Defendant was found not guilty of the crime of forcible sodomy. Defendant was sentenced to fifteen years on the burglary charge and forty-five years on the armed criminal action charge to be served consecutively.

In this appeal, Defendant contends the trial court erred in defining assault as it did in Instruction No. 5 on the first degree burglary charge. He also contends the trial…