State v. Collier

BERREY, Judge.

Jocko Collier appeals from jury verdicts finding him guilty of one count of second degree felony murder in violation of § 565.021.1, RSMo 1986, and one count of armed criminal action in violation of § 571.015, RSMo 1986. Collier raises two points on appeal. He first argues that the trial court plainly erred in failing to declare a mistrial sua sponte during the rebuttal portion of the State’s closing argument because the prosecutor’s remarks raised for the first time the issue of punishment. Secondly, Collier argues that the motion court clearly erred in denying his Rule 29.15…