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STATE v. SIMMONS

No. SD 31179.

364 S.W.3d 741 (2012)

STATE of Missouri, Plaintiff-Respondent, v. Casey Alton SIMMONS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

April 10, 2012.

Attorney(s) appearing for the Case

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

Chris Koster , Attorney General, and Mary H. Moore , Assistant Attorney General, Jefferson City, MO, for Respondent.

GARY W. LYNCH, Judge.

Casey Alton Simmons ("Defendant") appeals his conviction, following a jury trial, for conspiracy to commit murder in the second degree, in violation of section 564.016.1 Defendant argues the trial court erred by improperly denying his motion to dismiss, which claimed that the prosecution was founded in outrageous government conduct, and the trial court plainly erred by failing to sua sponte modify Instruction...

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