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STATE v. BRISTOW

No. 26825.

190 S.W.3d 479 (2006)

STATE of Missouri, Plaintiff-Respondent, v. Phillip C. BRISTOW, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied April 24, 2006.

Application for Transfer Denied May 30, 2006.

Attorney(s) appearing for the Case

Craig A. Johnston, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Robert J. (Jeff) Bartholomew, Office of the Atty. Gen., Jefferson City, for Respondent.

KENNETH W. SHRUM, Presiding Judge.

A jury convicted Phillip Bristow ("Defendant") of assault in the first degree (§ 565.050) and armed criminal action (§ 571.015).1 The trial court sentenced him to concurrent terms of fifteen years' and seven years' imprisonment for the two crimes, respectively. The dispositive point on appeal involves a jury instruction, namely, one patterned after MAI-CR3d 310.50 which advised the jury that...

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