STATE v. MCAFEE (2023)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Mark A. MCAFEE, Appellant.

WD 85472

Decided: October 10, 2023

Before Division One: Anthony Rex Gabbert, Presiding Judge, Lisa White Hardwick, Judge, Mark D. Pfeiffer, Judge

Justin E. Davis, Jefferson City, MO, for Respondent. Jedd C. Schneider, Columbia, MO, for Appellant.

ORDER

Mark A. McAfee II appeals the circuit court's judgment, entered on a jury verdict, convicting him of the class D felony of tampering with a motor vehicle in the first degree pursuant to Section 569.080, RSMo Cum. Supp. 2017. McAfee contends on appeal that the circuit court plainly erred in refusing his proffered jury Instruction A and failing to instruct the jury on second-degree tampering, arguing that second-degree tampering is a nested lesser-included offense of the operating a motor vehicle specie of first-degree tampering and failing to give the instruction resulted in manifest injustice. We affirm. Rule 30.25(b).

Per Curiam:

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