Opinion
No. WD67863.
June 30, 2009.
Appeal from the Circuit Court of Clay County, Michael J. Maloney, Judge.
Nancy A. McKerrow, Columbia, MO, for appellant.
Richard A. Starnes, Jefferson City, MO, for respondent.
Before ALOK AHUJA, P.J., THOMAS H. NEWTON, C.J., and HAROLD L. LOWENSTEIN, J.
ORDER
John L. Brinson appeals the circuit court's judgment convicting him of first-degree murder in violation of § 565.020.1, RSMo 2000. On appeal, he raises two Points. He first claims that the circuit court erred in failing to grant his motion for a mistrial based on an unsolicited out-burst during trial by the victim's mother, a prosecution witness. In his second point, Brinson argues that he was entitled to a judgment of acquittal because the State failed to prove that he deliberated before murdering the victim. The judgment is affirmed. Because a published opinion would have no precedential value, a memorandum setting forth the reasons for this order has been provided to the parties. Rule 30.25(b).