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STATE v. SMITH

No. ED 93838.

323 S.W.3d 94 (2010)

STATE of Missouri, Respondent, v. Andre SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

October 19, 2010.

Attorney(s) appearing for the Case

Kent Denzel , Assistant Public Defender, Columbia, MO, for appellant.

Shaun J. Mackelprang , Assistant Attorney General, Jefferson City, MO, for respondent.

Before GARY M. GAERTNER, JR., P.J., MARY K. HOFF, J., and PATRICIA L. COHEN, J.

ORDER

PER CURIAM.

Andre Smith (Defendant) appeals the judgment of conviction entered after a jury found him guilty of five counts of statutory rape and five counts of statutory sodomy. Defendant claims the trial court plainly erred by not sua sponte striking the prosecutor's closing argument in the sentencing phase of trial.

We have reviewed the briefs of the parties and the record on appeal and no error of law appears. An extended...

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