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STATE v. KNIGHT

No. SD 31155.

355 S.W.3d 556 (2011)

STATE of Missouri, Plaintiff-Respondent, v. Michael S. KNIGHT, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

December 23, 2011.

Attorney(s) appearing for the Case

Ellen H. Flottman , Columbia, MO, for Appellant.

Chris Koster , Attorney General, and Daniel N. McPherson , Assistant Attorney General, Jefferson City, MO, for Respondent.

GARY W. LYNCH, Judge.

Michael S. Knight ("Defendant") appeals his convictions for assault in the first degree, see section 565.050, and armed criminal action, see section 571.015.1 He contends the trial court erred in refusing to give the jury both a diminished-capacity instruction and a lesser-included-offense instruction for assault in the second degree. Finding no such error, we affirm.

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