Missouri Court of Appeals, Southern District / Sep 8, 2023
STATE OF MISSOURI, Plaintiff-Respondent vs. TYMAN DEVETTE LATIN, Defendant-Appellant
Tyman Devette Latin appealed his conviction for burglary, tampering with a motor vehicle, and assault, arguing the trial court erred by denying his motion for a mistrial. The motion stemmed from the trial court mistakenly reading a voluntary intoxication instruction to the jury, despite having sustained Latin's objection to it, and then giving a curative instruction. The appellate court affirmed the judgment, finding that Latin was not prejudiced by the erroneous instruction and subsequent curative instruction, nor by the prosecutor's brief reference to an alcoholic beverage during closing arguments.