State v. Cox

188 S.W.3d 126, 2006 Mo. App. LEXIS 408, 2006 WL 850694

Opinion

ORDER

PER CURIAM.

Mr. Timothy W. Cox appeals his convictions for second-degree assault, § 565.060, 1 and armed criminal action, § 571.015. On appeal, Mr. Cox claims that the circuit court erred in refusing self-defense instruction B, because it violated the right to due process, Rule 28.02, 2 and the Notes on Use to MAI-CR3d 306.06 3 since there was no substantial evidence that he was the initial aggressor.

For the reasons set forth in the memorandum provided to the parties, we affirm. Rule 30.25(b).

1 . All statutory references are to RSMo. (2000), unless otherwise indicated.

2 . Rule references are to the Missouri Rules of Criminal Procedure.

3 .MAI-CR3d references are to the Missouri Approved Instructions and Charges, Criminal (3d ed. 2001 Supp.).