Missouri Court of Appeals, Southern District / Jul 22, 2024
STATE OF MISSOURI, Plaintiff-Respondent v. KEVIN IRBY, Defendant-Appellant
Defendant Kevin Irby appealed his conviction for first-degree burglary, arguing the trial court erred by making a handwritten amendment to a jury instruction that may have misdirected the jury. The amendment added the word "unlawfully" to Instruction No. 5, an element of the offense. The appellate court affirmed the conviction, concluding that the amendment was not plain error because the instruction, as amended, contained all necessary elements, and the jury was repeatedly advised on the "unlawfully" element by both the court and counsel.