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STATE v. SMITH

No. ED 93943.

322 S.W.3d 638 (2010)

STATE of Missouri, Respondent, v. Corey K. SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

October 12, 2010.

Attorney(s) appearing for the Case

Brocca L. Smith , Mo. Public Defender Office, St. Louis, MO, for appellant.

Chris A. Koster , Attorney General, Shaun J. Mackelprang , Asst. Attorney General, Jefferson City, MO, for respondent.

Before KURT S. ODENWALD, P.J. and ROBERT G. DOWD, JR. and NANNETTE A. BAKER, JJ.

ORDER

PER CURIAM.

Corey Smith ("Defendant") appeals from the judgment upon his convictions of murder in the second degree, Section 565.021, RSMo 2000, and armed criminal action, Section 571.015, RSMo 2000, for which Defendant was sentenced as a prior offender to twenty years' imprisonment on each count to be served concurrently. Defendant asserts the trial court erred in allowing the State to comment regarding Defendant's failure to provide an exculpatory...

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