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188 S.W.3d 126

State v. Cox

Missouri Court of Appeals

Decided April 4, 2006

Missouri Court of Appeals · decided 2006-04-04

Decided 2006-04-04

¶1 ORDER

PER CURIAM.

¶2 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.

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

1

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

2

¶5 . Rule references are to the Missouri Rules of Criminal Procedure.

3

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

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