State v. Davis

ULRICH, Chief Judge, Presiding Judge.

Darthell Davis appeals his conviction for second degree murder, section 565.021, RSMo 1994, and sentence of thirty years imprisonment. Mr. Davis raises two issues on appeal. He contends the trial court erred in (1) failing to declare a mistrial sua sponte when the prosecution told the jury during closing argument that Mr. Davis had not corroborated his story; and (2) denying Mr. Davis’s Rule 29.15 motion for post-conviction relief where his trial counsel was ineffective for failing to call two witnesses. The judg*929ment of conviction is affirmed and the…