State v. Varvera

SHRUM, Chief Judge.

Defendant John D. Varvera appeals his convictions by a jury of burglary in the second degree, § 569.170, RSMo 1986, and stealing, § 570.030, RSMo 1986. The trial court sentenced Defendant to two consecutive five-year prison terms as a prior offender under § 557.036.4, RSMo 1990, and § 558.016.2, RSMo 1990.

Defendant’s single point requests that we review for plain error the trial court’s failure to sua sponte declare a mistrial because of a witness’ alleged reference to Defendant’s pri- or criminal activity. After reviewing under the plain error standard, we affirm.

In the…