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STATE v. MCAFEE (2023)

Missouri Court of Appeals, Western District.2023-10-10No. WD 85472

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Opinion

ORDER

Mark A. McAfee II appeals the circuit courts judgment, entered on a jury verdict, convicting him of the class D felony of tampering with a motor vehicle in the first degree pursuant to Section 569.080, RSMo Cum. Supp. 2017. McAfee contends on appeal that the circuit court plainly erred in refusing his proffered jury Instruction A and failing to instruct the jury on second-degree tampering, arguing that second-degree tampering is a nested lesser-included offense of the operating a motor vehicle specie of first-degree tampering and failing to give the instruction resulted in manifest injustice. We affirm. Rule 30.25(b).

Per Curiam: