STATE v. GROCE (2024)

Order

Travis Groce appeals his conviction for one count of first-degree domestic assault, § 565.072, RSMo Cum. Supp. 2020, for stomping on Victim's head. Groce raises four points on appeal. First, he argues the trial court erred by failing to grant a mistrial after a prosecution witness made accusations against Groce and Victim as the witness was leaving the courtroom. Second, Groce asserts the court plainly erred by overruling his objection to another prosecution witness's testimony that Groce stomping on Victim's head was the “most horrifying thing [the witness had] ever seen.” For his third and fourth points, respectively, Groce claims the court erred by refusing his proffered instructions for the lesser-included offenses of second-degree domestic assault and third-degree domestic assault “by striking [Victim].” Finding no error, we affirm. Rule 30.25(b).

Per Curiam: