State Missouri v. John L. Johnson

John L. Johnson (""defendant"") appeals the judgment entered upon his convictions by a jury for first degree assault, § 565.050, RSMo 1994, 1 armed criminal action, § 571.015, and second degree assault, § 565.060. Defendant was sentenced to five years imprisonment for the first degree assault charge and a concurrent term of three years for the armed criminal action charge, and given a fine of ten dollars for the second degree assault charge. Defendant raises four points on appeal. First, defendant contends that the trial court erred by giving the jury the hammer instruction. Second, defendant argues that the trial court erred in overruling his motion for judgment of acquittal in that there was insufficient evidence to support a conviction of first degree assault. Third, defendant maintains the trial court erred in overruling his Batson 2 objections in that the proffered reasons given by the prosecutor were pretextual. Finally, defendant contends the trial court erred in overruling his objections and in permitting the prosecutor to make improper and inflammatory arguments during closing argument. We affirm.