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STATE v. SWOPES

No. WD 71713.

343 S.W.3d 705 (2011)

STATE of Missouri, Respondent, v. Jovell L. SWOPES, Appellant.

Missouri Court of Appeals, Western District.

June 28, 2011.

Attorney(s) appearing for the Case

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

Shaun J. Mackelprang and Richard A. Starnes , Jefferson City, MO, for respondent.

Before Division One: GARY D. WITT, Presiding Judge, JAMES E. WELSH, Judge and ALOK AHUJA, Judge.

GARY D. WITT, Judge.

Jovell Swopes ("Swopes") was convicted after a jury trial of one count of assault in the second degree, Section 565.060, and one count of armed criminal action, Section 571.015.1 On appeal, Swopes contends the circuit court plainly erred in refusing to grant Swopes's request for a mistrial after some members of the jury allegedly saw Swopes being restrained by police officers during a break in Swopes's jury trial....

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