State v. Gray, 544 S.W.3d 329 (2018)

April 24, 2018 · Missouri Court of Appeals, Western District · WD 80629
544 S.W.3d 329

STATE of Missouri, Respondent,
v.
Bryan Edward GRAY, Appellant.

WD 80629

Missouri Court of Appeals, Western District.

ORDER FILED: April 24, 2018

Joshua D. Hawley, Attorney General, and Julia E. Neidhardt, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Nancy A. McKerrow, Columbia, MO, Attorney for Appellant.

Before Division Two: Karen King Mitchell, Presiding Judge, and Alok Ahuja and Edward R. Ardini, Jr., Judges

Order

Per Curiam:

Bryan Gray appeals, following a jury trial, his convictions of two counts of first-degree statutory sodomy (§ 566.062) and one count of first-degree child molestation (§ 566.067), for which he was sentenced, as a prior offender, to concurrent terms of eighteen, eighteen, and ten years' imprisonment, respectively. Gray raises a single claim on appeal; he argues that the trial court plainly erred in failing to sua sponte intervene in closing argument to prevent the State from personally attacking defense counsel. But because the State's arguments, which addressed Victim's credibility in the face of defense counsel's aggressive tactics, were permissible, the trial court committed no error, plain or otherwise, and we affirm. Rule 30.25(b).