State v. Smiley

JEFFREY W. BATES, Judge.

Joseph Smiley (Defendant) contends the court plainly erred in failing to instruct the jury, sua sponte, to disregard testimony concerning a prior, unrelated arrest during his trial on burglary charges. This Court affirms.

Defendant was charged by amended information with two counts of committing the class C felony of burglary in the second degree. See § 569.170. 1 The information also alleged that Defendant was a persistent offender. See § 558.016.3. During the trial, the court found Defendant to be a persistent offender beyond a reasonable doubt. A jury convicted…