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STATE v. D.W.N.

No. WD 69142.

290 S.W.3d 814 (2009)

The STATE of Missouri, Respondent, v. D.W.N., Appellant.

Missouri Court of Appeals, Western District.

August 11, 2009.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Evan J. Buchheim, Assistant Attorney General, Jefferson City, MO, for Respondent.

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

Before THOMAS H. NEWTON, Chief Judge, and HAROLD L. LOWENSTEIN, JAMES M. SMART, JR., JOSEPH M. ELLIS, VICTOR C. HOWARD, LISA WHITE HARDWICK, JAMES E. WELSH, Judge, ALOK AHUJA, and MARK D. PFEIFFER, Judges.

MARK D. PFEIFFER, Judge.

D.W.N. appeals the trial court's judgment of his conviction for the class B felony of child molestation in the first degree in violation of § 566.067, RSMo Cum. Supp.2006. On appeal, he presents two points in which he challenges: (1) the trial court's failure to sua sponte prohibit a witness from testifying that he believed the victim; and (2) the trial court's submission of Instruction No. 5, the State's verdict director. We affirm...

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