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STATE v. WHITLEY

No. ED 98812.

408 S.W.3d 305 (2013)

STATE of Missouri, Respondent, v. D'Andre WHITLEY, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

September 17, 2013.

Attorney(s) appearing for the Case

G. Michael Archer , St. Louis, MO, for appellant.

Chris Koster , Jennifer Rodewald , Jefferson City, MO, for respondent.

GARY M. GAERTNER, JR., Judge.

Introduction

D'Andre Whitley (Appellant) appeals his convictions by jury of assault in the first degree, burglary, and two counts of armed criminal action. Appellant challenges the trial court's denial of Appellant's proffered instruction on the lesser-included offense of assault in the second degree, as well as the sufficiency of the evidence to support his conviction for burglary. We affirm.

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