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STATE v. SMILEY

No. 28264.

240 S.W.3d 214 (2007)

STATE of Missouri, Plaintiff-Respondent, v. Joseph A. SMILEY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

December 13, 2007.

Attorney(s) appearing for the Case

Kent Denzel, Asst. Public Defender, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cory Lee Atkins, Asst. Atty. Gen., Jefferson City, MO, for Respondent.

JEFFREY W. BATES, Judge.

Joseph Smiley (Defendant) contends the court plainly erred in failing to instruct the jury, sua sponte, to disregard testimony concerning a prior, unrelated arrest during his trial on burglary charges. This Court affirms.

Defendant was charged by amended information with two counts of committing the class C felony of burglary in the second degree. See § 569.170.1 The information also...

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