STATE v. SIMPSON

No. WD 74354.

378 S.W.3d 423 (2012)

STATE of Missouri, Respondent, v. Michael L. SIMPSON, Appellant.

Missouri Court of Appeals, Western District.

September 25, 2012.


Attorney(s) appearing for the Case

Christopher D. Wilson , Prosecuting Attorney, Casey L. Clevenger , Assistant Prosecuting Attorney, Fulton, MO, for Respondent.

Craig A. Johnston , Assistant Public Defender, Columbia, MO, for Appellant.

Before DIV III: VICTOR C. HOWARD, Presiding Judge, and KAREN KING MITCHELL and CYNTHIA L. MARTIN, Judges.


Order

PER CURIAM:

Michael Simpson appeals his conviction for the class B misdemeanor of driving while intoxicated, section 577.010. Simpson argues that the trial court plainly erred in overruling his objection to a statement made by the prosecutor during closing argument in that the statement constituted an impermissible comment on Simpson's decision not to testify and misstated the evidence. We affirm....

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