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STATE v. THOMAS

No. WD 61120.

101 S.W.3d 929 (2003)

STATE of Missouri, Respondent, v. Delbert L. THOMAS, Appellant.

Missouri Court of Appeals, Western District.

April 22, 2003.

Attorney(s) appearing for the Case

Nancy A. McKerrow, Columbia, MO, for appellant.

John M. Morris, III, Jefferson City, MO, for respondent.

Sara L. Trower, Co-Counsel, Jefferson City, MO, for respondents.

Before HOWARD, P.J., LOWENSTEIN and HARDWICK, JJ.

ORDER

PER CURIAM.

Delbert Thomas appealed from his convictions after jury trial of burglary in the first degree, and assault in the first degree. The Court of Appeals held that: (1) the trial court did not abuse its discretion in allowing the testimony of a rebuttal witness; and (2) it was not plain error for the trial court to not grant a mistrial sua sponte after the victim brought up uncharged crimes of the defendant when asked how he knew the...

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