State of Missouri, Respondent, v. Aldano F. Loschiavo, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: State of Missouri, Respondent, v. Aldano F. Loschiavo, Appellant. Case Number: 54721 Handdown Date: 06/23/1998 Appeal From: Circuit Court of Cass County, Hon. Joseph P. Dandurand, Judge Counsel for Appellant: David Simpson Counsel for Respondent: Karen Kramer Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Howard, P.J., Breckenridge, and Spinden, J.J. Opinion: ORDER Aldano F. Loschiavo appeals the circuit court's judgment convicting him of first degree robbery, armed criminal action, and rape. He complains in his only point on appeal that the circuit court erred in not declaring, sua sponte, a mistrial because of the prosecuting attorney's alleged improper statements during closing argument. Loschiavo did not object to the argument. We can review the issue only if it is plain error. Rule 30.20. We decline such review because the prosecutor's statements were not plain errorCthat is, error which, from its face, causes us to have a substantial belief that manifest injustice or a miscarriage of justice has resulted. State v. Brown, 902 S.W.2d 278, 284 (Mo. banc), cert. denied, 516 U.S. 1031 (1995). Rather than being suggestive of plain error, the statements of which Loschiavo complains are such that our facial examination of them causes us to believe the circuit court would have committed error had it used them as a basis for declaring a mistrial sua sponte. We, therefore, affirm. Rule 30.25(b). Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.