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STATE v. DONAHUE

No. WD 67745.

280 S.W.3d 700 (2009)

STATE of Missouri, Respondent, v. Myson D. DONAHUE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 31, 2009.

Application for Transfer Denied May 5, 2009.

Attorney(s) appearing for the Case

S. Kate Webber, Kansas City, MO, for appellant.

Shaun J. Mackelprang, Daniel N. McPherson, Jefferson City, MO, for respondent.

Before Court En Banc: THOMAS H. NEWTON, C.J., HAROLD L. LOWENSTEIN, PAUL M. SPINDEN, JAMES M. SMART, JOSEPH M. ELLIS, VICTOR C. HOWARD, RONALD R. HOLLIGER, LISA WHITE HARDWICK, JAMES E. WELSH, JOSEPH P. DANDURAND and ALOK AHUJA, JJ.

HAROLD L. LOWENSTEIN, Judge.

Myson Donahue ("Donahue"), tried by a Jackson County jury, was convicted of first degree murder, pursuant to Section 565.0202, and armed criminal action, pursuant to Section 571.015. He was sentenced by the court to life without parole on the murder conviction and a thirty-year concurrent sentence for armed criminal action. Donahue's first point on appeal seeks a new trial under plain error review for juror...

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