STATE v. ROBY (2024)

ORDER

Frank R. Roby appeals the circuit court's judgment, entered on a jury verdict, convicting him of violence to an employee of the Department of Corrections under Section 217.385, RSMo. Roby contends the circuit court prejudicially erred in refusing to submit his proposed self-defense instructions, arguing there was substantial evidence Roby was not the initial aggressor in the confrontation with a supervising correctional officer, attempted to retreat, and reasonably believed the officer was using unlawful force, thereby justifying Roby's forceful response. We affirm. Rule 30.25(b).

Per Curiam: