STATE v. HERSEY

No. ED 80307.

80 S.W.3d 508 (2002)

STATE of Missouri, Respondent, v. Robert HERSEY, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

July 23, 2002.


Attorney(s) appearing for the Case

Craig A. Johnston, Asst. Public Defender, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrea Mazza Follett, Asst. Attorney General, Jefferson City, MO, for Respondent.

Before GARY M. GAERTNER, P.J. and PAUL J. SIMON and CLIFFORD H. AHRENS, JJ.


ORDER

PER CURIAM.

Robert Hersey, appellant, appeals his sentence for second degree assault of a law enforcement officer entered on the jury's verdict. On appeal, appellant contends that the trial court: (1) erred by sustaining the prosecutor's objection to appellant's closing argument concerning the state's failure to call Deputy Sheriff Corbett (Corbett) as a witness because this was a proper adverse inference argument and the sustaining of the objection...

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