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STATE v. VANLUE

No. SD 35330.

577 S.W.3d 834 (2019)

STATE of Missouri, Respondent, v. David Joe VANLUE, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

FILED: June 10, 2019.

Attorney(s) appearing for the Case

Appellant's attorney: Katie Curry.

Respondent's attorneys: Eric S. Schmitt , Atty. Gen. & Julia E. Rives , Asst. Atty. Gen.

(Before Francis, P.J., Bates, J., and Scott, J.)

A jury found David Vanlue guilty of assault on a law-enforcement officer ("ALO") in the first degree. The state concedes that the trial court erred in not instructing down to second-degree ALO as requested by Vanlue and required by State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014). We agree...

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