State v. Clayton

Missouri Court of Appeals

State v. Clayton

311 S.W.3d 890, 2010 Mo. App. LEXIS 408, 2010 WL 1325858

CourtMissouri Court of Appeals

DecidedApril 6, 2010

DocketED 92919

StatusPublished

This text of 311 S.W.3d 890 (State v. Clayton) 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. Clayton, 311 S.W.3d 890, 2010 Mo. App. LEXIS 408, 2010 WL 1325858 (Mo. Ct. App. 2010).

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Opinion

ORDER

PER CURIAM.

Kenneth Clayton (hereinafter, “Appellant”) appeals from the trial court’s judgment after a jury convicted him of one count of assault in the first degree, Section 565.050 RSMo (2000), and one count of armed criminal action, Section 571.015 RSMo (2000). Appellant was sentenced as a prior and persistent offender to two terms of twenty-five years’ imprisonment, to run concurrently.

Appellant raises four points on appeal. First, Appellant challenges the sufficiency of the evidence to sustain his assault conviction. Second, Appellant argues the trial court plainly erred in overruling his objection to the State’s peremptory strike of an African-American female venireperson in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Third, Appellant claims the trial court plainly erred in submitting a jury instruction which he argues misstated an element of the offense of armed criminal action. Fourth, Appellant asserts the trial court plainly erred by overruling his motion to suppress identification testimony in that he claims the police used unduly suggestive procedures when procuring the pretrial identifications.

We have reviewed the briefs of the parties, the legal file, and the transcript on appeal. We find no error of law. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. We have, however, provided a memorandum opinion, only for the use of the parties, setting forth the reasons for our decision. The judgment is affirmed pursuant to Rule 30.25(b).

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ORDER

PER CURIAM.

Kenneth Clayton (hereinafter, “Appellant”) appeals from the trial court’s judgment after a jury convicted him of one count of assault in the first degree, Section 565.050 RSMo (2000), and one count of armed criminal action, Section 571.015 RSMo (2000). Appellant was sentenced as a prior and persistent offender to two terms of twenty-five years’ imprisonment, to run concurrently.

Appellant raises four points on appeal. First, Appellant challenges the sufficiency of the evidence to sustain his assault conviction. Second, Appellant argues the trial court plainly erred in overruling his objection to the State’s peremptory strike of an African-American female venireperson in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Third, Appellant claims the trial court plainly erred in submitting a jury instruction which he argues misstated an element of the offense of armed criminal action. Fourth, Appellant asserts the trial court plainly erred by overruling his motion to suppress identification testimony in that he claims the police used unduly suggestive procedures when procuring the pretrial identifications.

We have reviewed the briefs of the parties, the legal file, and the transcript on appeal. We find no error of law. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. We have, however, provided a memorandum opinion, only for the use of the parties, setting forth the reasons for our decision. The judgment is affirmed pursuant to Rule 30.25(b).

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Bluebook (online)

311 S.W.3d 890, 2010 Mo. App. LEXIS 408, 2010 WL 1325858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clayton-moctapp-2010.

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