STATE v. JOHNSON

Nos. 16925, 17903.

841 S.W.2d 298 (1992)

STATE of Missouri, Plaintiff-Respondent, v. Ricky N. JOHNSON, Defendant-Appellant. Ricky N. JOHNSON, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

November 13, 1992.


Attorney(s) appearing for the Case

Marcie W. Bower, Columbia, for defendant-appellant and movant-appellant.

William L. Webster, Atty. Gen., Hugh L. Marshall, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent and respondent-respondent.


SHRUM, Judge.

The defendant Ricky N. Johnson was found guilty by a jury of attempted forcible rape and sentenced by the court as a prior offender to a term of 20 years' imprisonment. In case No. 16925, Johnson appeals from the judgment and sentence.

As the single point in his direct appeal, Johnson argues that the trial court erred in denying his request that the jury be given a class A misdemeanor third-degree assault instruction as a lesser included offense...

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