State v. Horne

KAROHL, Judge.

Defendant Sterling Horne was charged with first degree robbery, § 569.020 RSMo 1978, and first degree assault § 565.050 RSMo 1978. A jury found defendant guilty of the included offense of second degree robbery. The court declared a mistrial on the assault charge because the jury was unable to reach a verdict. Defendant, found to be a persistent offender, was sentenced to twenty-two years imprisonment. In his appeal defendant contends preserved error in the exclusion of part of defendant’s evidence and plain error in permitting the state to make reference to defendant’s failure…