STATE v. NELSON (2023)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Nuri S. NELSON, Appellant.

WD 85106

Decided: July 11, 2023

Before Division One: Mark D. Pfeiffer, Presiding Judge, and Karen King Mitchell and W. Douglas Thomson, Judges

Andrew Bailey, Attorney General, and Ashley Murphy, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent. John Esposito, Assistant Public Defender, Kansas City, MO, Attorney for Appellant.

Order

Nuri Nelson appeals, following a jury trial, convictions of second-degree domestic assault, § 565.073, armed criminal action, § 571.015, and unlawful use of a weapon, § 571.030, for which the court sentenced him to concurrent terms of seven years’ imprisonment for domestic assault, three years for armed criminal action, and three years for unlawful use of a weapon. Nelson raises a single point on appeal; he claims that the trial court plainly erred in allowing testimony that a buccal swab taken in 2014 contained DNA from Victim because allowing the testimony violated the Confrontation Clause insofar as the person who collected the swab did not testify at Nelson's trial. Finding no error, plain or otherwise, we affirm. Rule 30.25(b).

Per Curiam:

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