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STATE v. SPENCER

No. ED 88922.

235 S.W.3d 593 (2007)

STATE of Missouri, Respondent, v. Harold S. SPENCER, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

October 16, 2007.

Attorney(s) appearing for the Case

Kent Denzel, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Linda Lemke, Asst. Attorney General, Jefferson City, MO, for respondent.

Before KATHIANNE KNAUP CRANE, P.J. and ROBERT G. DOWD, JR. and KENNETH M. ROMINES, JJ.

ORDER

PER CURIAM.

Harold S. Spencer ("Defendant") appeals from the judgment upon his conviction by a jury for domestic assault in the second degree, Section 565.073, RSMo 2000, for which he was sentenced as a prior and persistent offender to twelve years' imprisonment. Defendant contends the trial court plainly erred in failing to (1) sua sponte instruct the jury on self-defense, (2) sua sponte instruct the jury on the lesser included offense...

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