STATE v. MARTIN

No. 21357.

956 S.W.2d 364 (1997)

STATE of Missouri, Plaintiff-Respondent, v. Jerry Lee MARTIN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

November 12, 1997.


Attorney(s) appearing for the Case

A. Renae Adamson, Asst. Public Defender, Columbia, for Defendant-Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for Plaintiff-Respondent.


PREWITT, Judge.

Following jury trial, Defendant-Appellant was convicted of driving while intoxicated and sentenced to three years' imprisonment. Defendant appeals contending that the "trial court plainly erred, resulting in a manifest injustice, when it failed to remove Juror Number 10 and replace her with the alternate... in that Juror Number 10 was unable to perform her duties as a juror by sleeping in the jury box during defense counsel's closing argument...."...

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