STATE v. KORTZ (2021)

ORDER

Following a jury trial in the Circuit Court of Daviess County, Mark Kortz was convicted of second-degree burglary, in violation of § 569.170, RSMo, and stealing an item valued at $750 or more, in violation of § 570.030, RSMo. Kortz was sentenced as a prior and persistent offender to two consecutive terms of ten years’ imprisonment and ordered to pay $15,075 in restitution. Kortz appeals, raising five Points. He argues that the circuit court erred in advising a prosecution witness of her Fifth Amendment privilege against self-incrimination, in the presence of the jury, before she testified. He also contends that the court plainly erred by failing to declare a mistrial sua sponte, after the State argued facts not in evidence during its closing argument. Kortz argues that the court erred in ordering him to pay $15,075 in restitution, because that amount was not supported by the evidence. Finally, he argues that the evidence was insufficient to support either his burglary or stealing convictions.

We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 30.25(b).

PER CURIAM: