State v. Thurston

ROBERT S. BARNEY, Judge.

James Thurston (“Appellant”) appeals from the judgment and sentence of the circuit court of New Madrid County, after a jury convicted him of assault in the second degree, § SOS.OOO.US). 1 He was sentenced as a prior and persistent offender, § 558.016, to twenty years imprisonment. In his sole point on appeal, Appellant maintains that the trial court plainly erred in submitting his own proffered Instruction No. 8, the verdict director for assault in the second degree, as a lesser included offense of State’s Instruction No. 7, the verdict director for assault in the…