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STATE v. FOSTER

No. ED 110489.

674 S.W.3d 119 (2023)

STATE of Missouri, Respondent, v. Marcell FOSTER, Appellant.

Missouri Court of Appeals, Eastern District, DIVISION FIVE.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 24, 2023.

Application for Transfer to Supreme Court Denied September 26, 2023.

Attorney(s) appearing for the Case

For Appellant: Samuel E. Buffaloe , 1000 W. Nifong Blvd., Bldg. 7, Ste. 100, Columbia, MO 65203.

For Respondent: Ashley D. Murphy , P.O. Box 899, Jefferson City, MO 65102.

Introduction

Marcell Foster ("Foster") appeals from the trial court's judgment following a jury conviction on murder in the first degree and armed criminal action. Foster raises two points on appeal, alleging the trial court plainly erred in sua sponte failing to intervene during the State's closing argument. Specifically...

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