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STATE v. DAVIS

No. WD 51598.

928 S.W.2d 404 (1996)

STATE of Missouri, Respondent, v. Gary N. DAVIS, Appellant.

Missouri Court of Appeals, Western District.

September 10, 1996.

Attorney(s) appearing for the Case

David Simpson, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Kurt U. Schaefer, Assistant Attorney General, Jefferson City, for respondent.

Before ELLIS, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.

ORDER

PER CURIAM:

Defendant-Appellant Gary Davis was convicted following a jury trial of possession of a knife while in a correctional institution, in violation of Section 217.360.1(4) RSMo 1994. He was sentenced as a prior offender to five years in prison. He appeals his conviction, alleging that the trial court erred in failing to sua sponte declare a mistrial when the prosecutor, without objection...

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