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STATE v. CLOYD

No. WD 66555.

238 S.W.3d 183 (2007)

STATE of Missouri, Respondent, v. Clifton CLOYD, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 30, 2007.

As Modified October 30, 2007.

Application for Transfer Denied December 18, 2007.

Attorney(s) appearing for the Case

S. Kate Webber, Kansas City, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Daniel McPherson, Assistant Attorney General Jefferson City, MO, for respondent.

Before HOWARD, C.J., and BRECKENRIDGE and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 30, 2007.

VICTOR C. HOWARD, Chief Judge.

After a jury trial, Clifton Cloyd was convicted of one count of domestic assault in the second-degree under section 565.073.1 He now appeals, alleging the trial court erred in permitting the State to proceed on a superceding indictment that charged felony domestic assault rather than misdemeanor assault, as did the initial...

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