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STATE v. NEAL

No. WD 70607.

328 S.W.3d 374 (2010)

STATE of Missouri, Respondent, v. Lawrence E. NEAL, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 21, 2010.

Application for Transfer Denied January 25, 2011.

Attorney(s) appearing for the Case

Ruth B. Sanders , Kansas City, MO, for appellant.

Shaun J. Mackelprang and Jamie P. Rasmussen , Jefferson City, MO, for respondent.

Before Division Three: VICTOR C. HOWARD, Presiding Judge, THOMAS H. NEWTON, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Lawrence Neal ("Neal") was convicted after a jury trial of one count of forcible rape and one count of robbery in the first degree. Neal appeals the trial court's overruling of his motions for judgment of acquittal as to both charges. Further, Neal argues the trial court plainly erred in submitting a deficient jury instruction for robbery in the first degree. We affirm in part and reverse in part.

I. Factual Background

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