STATE v. MUHAMMAD

No. ED 94323.

334 S.W.3d 164 (2011)

STATE of Missouri, Respondent, v. Mikal MUHAMMAD, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

March 1, 2011.


Attorney(s) appearing for the Case

Brocca L. Smith , St. Louis, MO, for appellant.

Chris Koster , Atty. Gen, John W. Grantham , Asst. Atty. Gen., Jefferson City, MO, for respondent.


LAWRENCE E. MOONEY, Judge.

The defendant, Mikal Muhammad, alleges the trial court plainly erred when it instructed the jury as to the offense of felonious restraint, rather than the offense of false imprisonment with which he was charged. We affirm the convictions for false imprisonment because the jury necessarily found all elements of false imprisonment when it concluded the defendant was guilty of the greater offense of felonious restraint. But we reverse the judgment...

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