DocketNumber: WD 66508
Judges: Holliger, Lowenstein, Newton
Filed Date: 5/13/2008
Status: Precedential
Modified Date: 11/14/2024
Missouri Court of Appeals, Western District.
Matthew Ward, Columbia, MO., for appellant.
Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun Mackelprang and Robert J. (Jeff) Bartholomew, Office of Attorney General, Jefferson City, MO., for respondent.
Before RONALD R. HOLLIGER, Presiding Judge, HAROLD L. LOWENSTEIN, Judge, and THOMAS H. NEWTON, Judge.
PER CURIAM.
Bilah K. Ralls (hereinafter "Ralls") appeals his conviction for possession of a controlled substance in violation of section 195.202, RSMo 2000. In his sole point on appeal he seeks plain error review of the court's decision to send to the jury room during deliberations a baggie of crack cocaine contained within an evidence bag even though both bags had been admitted into evidence. We decline to exercise plain error review. The argument falls below the level of frivolousness and we affirm the conviction pursuant to Rule 30.25(b).