STATE v. BYERS (2021)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Benjamin H. BYERS, Appellant.

WD 82753

Decided: February 02, 2021

Before Division Four: Cynthia L. Martin, Chief Judge, Presiding, Karen King Mitchell, Judge, Anthony Rex Gabbert, Judge

Michel A. Trapasso, Jefferson City, MO, Counsel for Respondent. Damien S De Loyola, Kansas City, MO, Counsel for Appellant.

ORDER

Benjamin Byers appeals his convictions and sentences, entered after a jury verdict, for first-degree murder of Melissa Byers (Section 565.020, RSMo Cum. Supp. 2017), armed criminal action (Section 571.015, RSMo Cum. Supp. 2017), and first-degree endangering the welfare of a child (Section 568.045, RSMo Cum. Supp. 2017). He contends on appeal that the circuit court abused its discretion in excluding video of the victim's boyfriend's interview with police, and plainly erred in failing to sua sponte issue a corrective instruction to the jury when the State made an “acquittal-first” argument in closing. We affirm. Rule 30.25(b).

Per Curiam:

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