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State v. Roberson

Missouri Court of Appeals, Western District
May 28, 2002
75 S.W.3d 893 (Mo. Ct. App. 2002)

Opinion

No. WD 60679

May 28, 2002

Appeal from the Circuit Court of Cole County, Missouri, The Honorable Thomas J. Brown, III, Judge.

Jeremiah W. (Jay) Nixon, Attorney General, Stephanie Morrell, Assistant Attorney General, Jefferson City, MO, for Respondent.

Nancy A. McKerrow, Assistant Public Defender, Columbia, MO, for Appellant.

Before Howard, P.J., and Smith and Newton, JJ.


Order


A jury found appellant, James Roberson, guilty of forcible rape, section 566.030 RSMo 2000. He now appeals his conviction. He brings two points on appeal. First, he alleges that the trial court plainly erred "in failing to sua sponte interrupt the prosecutor during his closing argument when the prosecutor began arguing that the jury could use Appellant's prior convictions as substantive evidence of guilt." Second, he alleges that the trial court plainly erred in giving the forcible rape instruction to the jury without including a lack of consent paragraph.

Affirmed. Rule 30.25(b).


Summaries of

State v. Roberson

Missouri Court of Appeals, Western District
May 28, 2002
75 S.W.3d 893 (Mo. Ct. App. 2002)
Case details for

State v. Roberson

Case Details

Full title:STATE OF MISSOURI, Respondent, v. JAMES W. ROBERSON, Appellant

Court:Missouri Court of Appeals, Western District

Date published: May 28, 2002

Citations

75 S.W.3d 893 (Mo. Ct. App. 2002)

Citing Cases

Roberson v. State

A jury convicted Mr. Roberson of the felony of forcible rape, in violation of section 566.030, RSMo 2000. He…