State v. Burton

289 S.W.3d 600, 2009 Mo. App. LEXIS 423, 2009 WL 909707

Opinion

OrDER

PER CURIAM.

Dominic V. Burton, tried by the court following waiver of a jury trial, was convicted of first-degree murder, pursuant to section 565.020, 1 and armed criminal action, pursuant to section 571.015. The trial court sentenced him to concurrent terms of life without parole and fifteen years, respectively. On appeal, Burton asserts that the trial court erred in finding him guilty of first-degree murder because: (1) the trial court misapplied the law of diminished capacity; and (2) the evidence was insufficient to establish beyond a reasonable doubt that he knowingly caused the death of Jennifer Burton after cool reflection. Affirmed, Rule 30.25(b).

1 . All statutory references are to RSMo 2000 unless otherwise specified.