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861 S.W.2d 200

State v. Crawford

Missouri Court of Appeals

Decided September 21, 1993

Missouri Court of Appeals · decided 1993-09-21

Decided 1993-09-21

¶1ORDER

PER CURIAM.

¶2Defendant appeals his conviction for first degree robbery. He also appeals the denial of his Rule 29.15 motion as untimely.

¶3We find the trial court did not plainly err in: (1) failing to intervene sua sponte when the State commented in its closing argument that the State’s evidence was uncontroverted; (2) admitting into evidence the in-court and out-of-court identifications of Defendant; and (3) submitting Jury Instruction No. 4, patterned after MAI-CR3d 302.04.

¶4Further, we find the motion court did not clearly err in dismissing Defendant’s Rule 29.15 motion as untimely in that the motion court order was based on findings of fact that were not clearly erroneous. No error of law appears.

¶5No jurisprudential purpose would be served by a written opinion. We affirm by written summary order pursuant to Rules 30.25(b) and 84.16(b). The parties have been provided with a memorandum, for their use only, setting forth the reasons for our decision.

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