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STATE v. ROST

No. SD 32293.

429 S.W.3d 444 (2014)

STATE of Missouri, Plaintiff-Respondent, v. Bobby Glen ROST, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 11, 2014.

Application for Transfer Denied May 27, 2014.

Attorney(s) appearing for the Case

Emmett D. Queener , of Columbia, MO, for appellant.

Chris Koster , Attorney General and Dora A. Fichter , Assistant Attorney General, of Jefferson City, MO, for respondent.

NANCY STEFFEN RAHMEYER, P.J.

A jury found Bobby Glen Rost ("Rost") guilty of assault in the second degree and armed criminal action, and the trial court sentenced him as a prior and persistent offender to twelve years in the Department of Corrections for each offense with the sentences to run concurrently with any existing sentences. Rost appeals on the sole ground that the "trial court plainly erred in failing to sua sponte modify" the self-defense instruction...

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