STATE OF MISSOURI v. JUSTIN WITT (2023)

Missouri Court of Appeals, Western District.

STATE OF MISSOURI, Respondent, v. JUSTIN R. WITT, Appellant.

WD85484

Decided: October 03, 2023

BEFORE DIVISION ONE JUDGES: ANTHONY REX GABBERT, PRESIDING JUDGE, LISA WHITE HARDWICK, JUDGE, MARK D. PFEIFFER, JUDGE

Attorneys: Katharine P. Curry, Columbia, for Appellant. Ashley D. Murphy, Jefferson City, for Respondent.

ORDER

Per Curiam

Justin Witt appeals his convictions for attempted possession of a controlled substance, attempted stealing by deceit, unlawful possession of a firearm, second-degree

felony murder, and armed criminal action. Witt contends the circuit court plainly erred in failing to sua sponte intervene and issue a corrective instruction when the State made an acquittal-first argument during closing arguments. For reasons explained in a Memorandum provided to the parties, we find no error and affirm the convictions.

AFFIRMED. Rule 30.25(b).

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