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411 S.W.3d 834

State v. Smiley

Missouri Court of Appeals

Decided October 15, 2013

Missouri Court of Appeals · decided 2013-10-15

Decided 2013-10-15

¶1 ORDER

PER CURIAM.

¶2Dale Smiley appeals his convictions following a jury trial for second-degree statutory sodomy, sexual abuse, sexual *835misconduct involving a child by indecent exposure, and two counts of second-degree sexual misconduct and consecutive sentences totaling fifteen years imprisonment. He contends that the trial court plainly erred in failing sua sponte to declare a mistrial or give a curative instruction during the State’s closing argument. After Smiley filed this appeal, he filed a motion to remand the case to the trial court to consider newly discovered evidence, which was taken with the case. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. The motion to remand is denied.

¶3The convictions are affirmed. Rule 30.25(b).

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