State v. Clark

975 S.W.2d 256, 1998 WL 563990
CourtMissouri Court of Appeals
DecidedSeptember 8, 1998
DocketNos. 20492, 22219
StatusPublished
Cited by7 cases

This text of 975 S.W.2d 256 (State v. Clark) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Clark, 975 S.W.2d 256, 1998 WL 563990 (Mo. Ct. App. 1998).

Opinion

CROW, Judge.

A jury found Appellant, Ronald T. Clark, guilty of two felonies: Count I, murder in the first degree, § 565.020;1 Count II, armed criminal action, § 571.015.

The jury assessed punishment at imprisonment for life without eligibility for probation or parole on Count I, and imprisonment for ten years on Count II.2 The trial court entered judgment per the verdicts, except the court sentenced Appellant to only three years’ imprisonment on Count II.3 Appellant brings appeal 20492 from that judgment.

[258]*258While appeal 20492 was pending, Appellant filed a motion to vacate the judgment and sentences per Rule 29.15.4 The motion court denied relief after an evidentiary hearing. Appellant brings appeal 22219 from the motion court’s judgment.

This court consolidated the appeals, Rule 29.15(i), but addresses them separately in this opinion.

Appeal 20492

Appellant’s first point relied on — the only claim of error in appeal 20492 — avers the trial court wrongly denied a motion for mistrial by Appellant’s lawyer “when the State failed to timely disclose [the] vietim[’s] coat.” Adjudicating that issue requires an account of how it arose at trial.

The victim was Alvin Ray Spence, age 21, referred to by several witnesses as “Ray.” For convenience, this opinion adopts that designation.

The fatal incident occurred November 8, 1994, in Charleston at a site identified by one witness as the “Bowden Center,” by another witness as the “civic center,” and by several other witnesses as “Lincoln School.”5 This opinion adopts the latter designation.

The State’s theory, as outlined by the prosecutor in opening statement, was that Appellant and Ray “had a few words, and then they began to wrestle.” After the grapple ended, Appellant departed. He returned a few minutes later and shot Ray thrice with a “.380 semi-automatic.”

Continuing, the prosecutor told the jurors that investigators took custody of Appellant “about twenty minutes after the shooting” and questioned him. Appellant told the investigators that Ray had a gun; Appellant “grabbed Ray’s hand and turned that gun back around on Ray, and that’s when the gun went off [.]” The prosecutor asserted “forensic evidence” did not support Appellant’s “story.” According to the prosecutor, laboratory tests revealed “there was no gun shot residues on [Ray’s] clothes to show he had been shot at close range.”

Appellant’s theory, as outlined by his lawyer (“Defense Counsel”) in opening statement, was that Appellant acted in self-defense. Defense Counsel told the jurors that during the “wrestling match,” Appellant saw a gun in Ray’s hand, aimed at Appellant’s chest. Appellant, in fear for his life, grabbed the gun. A struggle ensued, during which Appellant heard a shot. Appellant ceased the struggle and departed. According to Defense Counsel, Appellant “believes he heard shots as he was leaving.”

Witnesses for the State testified that around 8:00 p.m. on the fatal date, Appellant and Ray were wrestling on “the concrete in front of the doors of Lincoln School.” After spectators separated the duo, Appellant left the site. He returned a few minutes later and shot Ray three times with a handgun.

During cross-examination of the State’s first witness, Michael Terry Kellum, Defense Counsel asked whether he (Kellum) saw three wounds on Ray. Kellum responded: “[W]hat am I supposed to do? Take off his shirt and see how many times he got shot?”

Later in the cross-examination, this dialogue occurred:

“Q What was Ray wearing that night?
[259]*259A I saw him in a white T-shirt and some black like thin sweats....
Q How about his coat?
A Didn’t have a coat on.
Q Didn’t see a coat?
A No.
Q And there wasn’t a coat there after it was all over, there was?
A His brother had the coat.
Q His brother Corey?
A His brother had it at the time.
Q So there was a coat there that belonged to [Ray]?
[[Image here]]
A Yes.”

During Defense Counsel’s cross-examination of the State’s second witness, Marcus Williams, this dialogue occurred:

“Q At the time that you saw [Ray], what was he wearing that night?
A A white T-shirt, and some dark blue jeans.
[[Image here]]
Q How about a jacket?
A I think had blue and black jacket on, Fila.
[[Image here]]
Q So he had on white shirt and pants and a Fila jacket?
A Yes.”

During redirect examination of Williams by the prosecutor, the transcript shows this:

“Q .... Do you remember if [Ray] had that jacket on when he was shot?
A No, he didn’t have it on when he was shot.
Q Why do you say that?
A Because he was laying on the ground, and he didn’t have it on.
Q Do you know who had the jacket at that time?
A No.”

During cross-examination of the State’s third witness, Lamonte Cortez Williams, Defense Counsel asked what Ray was wearing. Williams answered: “Only thing I know, Ray had on a coat, and when [Appellant] came and put the gun on Ray, he took his coat off.” Cross-examination continued:

“Q Did you see what happened to that coat?
A A friend of his got it.
Q A Mend of his carried it off?
A Yes.
Q So who was that Mend?
A Cedric Rogers.”

The State’s fourth witness was Corey Dontrell Spence, Ray’s younger brother. On direct examination, the following testimony was adduced:

“Q How was Ray dressed during this time?
A He had on black sweats and white T-shirt....
Q Where was his jacket?
A He had it on at the time.
Q What happened to that jacket?
A After [Appellant] came back and Ray saw [Appellant] pull over, Ray took the jacket off and handed it to me and I put it on.
[[Image here]]
Q Did you give it to anybody?
A No.
Q Didn’t give it to anybody that night?
A No.
[[Image here]]
Q Describe the jacket for me....
A Black and blue Fila jacket.”

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Cite This Page — Counsel Stack

Bluebook (online)
975 S.W.2d 256, 1998 WL 563990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clark-moctapp-1998.