STATE OF MISSOURI, Plaintiff-Respondent v. JUSTIN DION TUTTLE

Justin Tuttle (Defendant) was convicted after a jury trial of second-degree felony murder and armed criminal action (ACA). See §§ 565.021, 571.015. 1 Defendant’s single point on appeal contends the trial court plainly erred in submitting an instruction for second-degree felony murder based on second-degree assault because such submission was prohibited by the “merger doctrine.” Finding no merit to this contention, we affirm.

A second amended information charged Defendant with first-degree murder and ACA for assaulting and killing Daniel Martin, Jr. (Victim). See §§ 565.020, 571.015. The…