Opinion
WD 80943
07-16-2019
STATE of Missouri, Respondent, v. Robert Steven JOHNSON, Appellant.
Christian Lehmberg, Columbia, MO for appellant. Daniel N. McPherson, Jefferson City for respondent.
Christian Lehmberg, Columbia, MO for appellant.
Daniel N. McPherson, Jefferson City for respondent.
Before Division Four: Karen King Mitchell, C.J., P.J., and Alok Ahuja and Thomas N. Chapman, JJ.
ORDER
PER CURIAM:
Following a jury trial in the Circuit Court of Cass County, Robert Johnson was convicted of first-degree rape. He appeals, raising three claims of error. First, Johnson argues that the circuit court abused its discretion by failing to grant a mistrial after the prosecutor elicited, or attempted to elicit, testimony that Johnson appeared "paranoid" or "nervous." Second, he argues that the trial court abused its discretion by failing to grant a mistrial after the prosecutor asked him during cross-examination whether other witnesses were lying. Third, Johnson argues the circuit court plainly erred by failing to declare a mistrial after the prosecutor told the jury during closing argument that certain lesser-included offense instructions had been submitted by the defense. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 30.25(b).