STATE v. BROWN

No. WD 68088.

249 S.W.3d 260 (2008)

STATE of Missouri, Respondent v. Alvin Odell BROWN, Appellant.

Missouri Court of Appeals, Western District.

April 8, 2008.


Attorney(s) appearing for the Case

Irene Karns, Columbia, MO, for appellant.

Shaun Mackelprang, Jefferson City, MO, for respondent.

Before HOLLIGER, P.J., LOWENSTEIN and NEWTON, JJ.


ORDER

PER CURIAM.

Alvin Brown appeals his conviction, after a jury trial, for unlawful use of a weapon in violation of Section 571.030 RSMo (2000). Brown contends that the trial court plainly erred in not declaring a mistrial, sua sponte, after a witness testified to Brown's use of racial slurs during his arrest and that the jury reached their verdict based on emotion rather than deliberating on the evidence. As the jury had already indicated during...

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