State of Missouri, Respondent, v. Kenneth Asbury, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: State of Missouri, Respondent, v. Kenneth Asbury, Appellant. Case Number: 70404 Handdown Date: 03/03/1998 Appeal From: Circuit Court of St. Charles County, Hon. Donald Dalton Counsel for Appellant: Douglas R. Hoff Counsel for Respondent: John M. Morris, III Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Crahan, C.J., Rhodes Russell, J. and Blackmar, Sr.J., concur. Opinion: ORDER Kenneth Asbury ("Defendant") appeals the judgment and sentence entered following his conviction by a jury of forcible rape, section 566.030 RSMo 1994, for which he was sentenced to ten years imprisonment. Defendant's sole contention on appeal is that the trial court erred in refusing his tendered instruction on sexual assault as a lesser included offense of forcible rape. We have reviewed the briefs of the parties and the record on appeal and find no error of law. A detailed opinion would be of no precedential value. We have, however, provided the parties with a brief memorandum opinion, for their information only, explaining the reasons for our decision. We affirm the judgment pursuant to 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.