State v. Kinder

MONTGOMERY, Presiding Judge.

A jury found Defendant guilty of second degree burglary (Count I) and stealing (Count II), both class C felonies. As a prior offender, he was sentenced by the court to concurrent three year terms of imprisonment. On appeal, Defendant contends the trial court erred by giving (1) the so-called “hammer” instruction (MAI-CR 3d 312.10) and (2) the instruction defining “reasonable doubt” (MAI-CR 3d 302.04). We affirm.

Since Defendant does not challenge the sufficiency of the evidence, only a brief summary thereof is necessary for disposition of this appeal. During the…