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STATE v. HALFORD

No. SD 32726.

432 S.W.3d 311 (2014)

STATE of Missouri, Plaintiff-Respondent, v. Scott S. HALFORD, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

June 10, 2014.

Attorney(s) appearing for the Case

Samuel E. Buffaloe , Columbia, MO, for appellant.

Shaun J. Mackelprang , Jefferson City, MO, for respondent.

MARY W. SHEFFIELD, J.

Scott S. Halford ("Defendant") was convicted of second-degree domestic assault. Defendant appeals, claiming the trial court erred in failing to submit a lesser-included offense instruction for third-degree domestic assault. We agree and reverse the trial court's judgment.

Standard of Review

"The giving or failure to give an instruction or verdict form in violation of this Rule 28.02 or any applicable Notes On Use shall...

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