State v. Durnil

Missouri Court of Appeals

State v. Durnil

301 S.W.3d 593, 2010 Mo. App. LEXIS 90, 2010 WL 345323

Missouri Court of Appeals·Decided February 2, 2010·No. WD 70220·Published·Cited by 1 cases

Opinion

ORDER

PER CURIAM:

Christopher B. Durnil appeals his conviction for assault in the first degree, § 565.050, RSMo 2000, burglary in the first degree, § 569.160, and armed criminal action, § 571.015. Durnil argues that the trial court plainly erred in failing, sua sponte, to declare a mistrial after a venire-person stated during voir dire that she had previously seen Durnil “throw fits” in public. We affirm. Because a published opinion would have no precedential value, a memorandum setting forth the reasons for this order has been provided to the parties. Rule 30.25(b).

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ORDER

PER CURIAM:

Christopher B. Durnil appeals his conviction for assault in the first degree, § 565.050, RSMo 2000, burglary in the first degree, § 569.160, and armed criminal action, § 571.015. Durnil argues that the trial court plainly erred in failing, sua sponte, to declare a mistrial after a venire-person stated during voir dire that she had previously seen Durnil “throw fits” in public. We affirm. Because a published opinion would have no precedential value, a memorandum setting forth the reasons for this order has been provided to the parties. Rule 30.25(b).

State v. Durnil, 301 S.W.3d 593, 2010 Mo. App. LEXIS 90, 2010 WL 345323 (Mo. Ct. App. 2010).

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