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State v. Asbury

Missouri Court of Appeals, Eastern District, DIVISION FIVE
Mar 3, 1998
967 S.W.2d 148 (Mo. Ct. App. 1998)

Opinion

No. 70404

OPINION FILED: March 3, 1998. Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 1997. Application for Transfer Denied June 16, 1998.

APPEAL FROM THE CIRCUIT COURT OF ST. CHARLES COUNTY, HONORABLE DONALD DALTON, JUDGE.

Douglas R. Hoff, St. Louis, for appellant.

John Munson Morris, III, Jefferson City, for respondent.

Before Lawrence G. Crahan, C.J., Mary Rhodes Russell, J. and Charles B. Blackmar, Sr. J.



ORDER


Kenneth Asbury ("Defendant") appeals the judgment and sentence entered following his conviction by a jury of forcible rape, section 566.030 RSMo 1994, for which he was sentenced to ten years imprisonment. Defendant's sole contention on appeal is that the trial court erred in refusing his tendered instruction on sexual assault as a lesser included offense of forcible rape. We have reviewed the briefs of the parties and the record on appeal and find no error of law. A detailed opinion would be of no precedential value. We have, however, provided the parties with a brief memorandum opinion, for their information only, explaining the reasons for our decision. We affirm the judgment pursuant to Rule 30.25(b).


Summaries of

State v. Asbury

Missouri Court of Appeals, Eastern District, DIVISION FIVE
Mar 3, 1998
967 S.W.2d 148 (Mo. Ct. App. 1998)
Case details for

State v. Asbury

Case Details

Full title:STATE OF MISSOURI, RESPONDENT, v. KENNETH ASBURY, APPELLANT

Court:Missouri Court of Appeals, Eastern District, DIVISION FIVE

Date published: Mar 3, 1998

Citations

967 S.W.2d 148 (Mo. Ct. App. 1998)