Opinion
No. WD 60700
March 25, 2003
Appeal from Circuit Court of Boone County; Gene Hamilton, Jr., Judge.
Emmett D. Queener, Assistant State Public Defender, Columbia, MO, for Appellant.
Jeremiah W. (Jay) Nixon, Attorney General, Richard A. Starnes, Assistant Attorney General, Jefferson City, MO, for Respondent.
Before Ulrich, P.J., Lowenstein and Holliger, JJ.
ORDER
Appellant, Allen F. Houston, appeals from his conviction after a jury trial of assault in the first degree, § 565.050, RSMo 2000. Appellant was sentenced as a prior and persistent offender to sixteen years in prison. The court finds: it was not plain error for the trial court to allow the state to file a substitute information the morning of trial; it was not plain error for the trial court to submit a modified version of MAI-CR 304.04 to the jury; it was not error for the trial court to allow evidence of a third parties' uncharged crime; and there was sufficient evidence to convict Houston of assault in the first degree, the judgment of the trial court is affirmed. Rule 30.25(b)