(1)Even though surveillance video showed that a defendant in a robbery case was holding a cell phone during the crime, rather than a gun, the evidence was sufficient to show that the victim, who had children in the car, believed that the defendant was threatening to use a dangerous instrument, so the conviction is affirmed.
(2)Where a trial court allowed testimony from a detective that he contacted a defendant’s parole officer, and the answer was later stricken by the court, the reference was brief and unrepeated, so the court did not err in denying the request for a mistrial.
Judgment is affirmed.
State v. Simrin (MLW No.64397/Case No. SD31268 – 12 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from circuit court, Greene County, Holden, J. (Robert Jefferson Bartholomew Jr., Jefferson City, for respondent) (Rosalynn Koch, Columbia, for appellant).