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STATE v. THURSTON

No. 25122.

104 S.W.3d 839 (2003)

STATE of Missouri, Respondent, v. James THURSTON, Appellant.

Missouri Court of Appeals, Southern District, Division One.

May 23, 2003.

Attorney(s) appearing for the Case

Craig Johnston, Assistant State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Sara L. Trower, Assistant Attorney General, Jefferson City, for respondent.

ROBERT S. BARNEY, Judge.

James Thurston ("Appellant") appeals from the judgment and sentence of the circuit court of New Madrid County, after a jury convicted him of assault in the second degree, § 565.060.1(3).1 He was sentenced as a prior and persistent offender, § 558.016, to twenty years imprisonment. In his sole point on appeal, Appellant maintains that the trial court plainly erred in submitting his own proffered Instruction...

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