State v. Jackson

385 S.W.3d 437, 2012 WL 1994851, 2012 Mo. App. LEXIS 768
Missouri Court of Appeals·Decided June 5, 2012·No. No. WD 73323·Published·Cited by 9 cases

Opinion

JAMES EDWARD WELSH, Judge.

Jerel T. Jackson appeals the circuit court’s judgment convicting him of two counts of murder in the second degree, three counts of armed criminal action, and one count of first-degree assault after a trial by jury. At the commencement of Jackson’s trial, the circuit court found Jackson to be a prior and persistent offender pursuant to section 558.016.1 After the jury’s guilty verdict, the court sentenced Jackson to twenty-two years for each murder count, twenty-two years for the first-degree assault count, and three years for each count of armed criminal action, all to run concurrently. Jackson asserts four points on appeal. First, he contends that the circuit court erred in overruling his Batson2 challenge to the State’s peremptory strike of Venireperson Takeshia Ford from the pool of alternate jurors, asserting that the State’s explanation for the strike was pretextual. Second, Jackson maintains that the court erred in overruling his motion for acquittal, contending that the evidence was insufficient to prove Jackson’s guilt as to first degree assault and armed criminal action against nine-year-old victim Myron Ford. Third, Jackson contends that the court erred in overruling his motion for mistrial after the State made improper and prejudicial closing arguments. Finally, Jackson contends that the court erred in refusing his right to jury sentencing because the State’s amended information failed to include Jackson’s prior offender status. We affirm in part and reverse and remand in part.

Viewed in the light most favorable to the verdict, the evidence established that Jackson first met Wardell Williams in December of 2005. Jackson admitted having [439] knowledge of a violent side to Williams, as Jackson testified that he had observed Williams attack and beat Williams’s girlfriend, Erica Bennett. On November 26, 2006, Jackson and Williams discussed robbing Kimberly Ford and Ricky Gardner. At approximately 6:00 pm that evening, Jackson accompanied Williams, Shannon Aufai, and Erica Bennett to the home of Ford and Gardner. Jackson and Aufai were dating at the time, as were Williams and Bennett. Aufai drove her vehicle. Bennett was in the passenger seat while Williams and Jackson rode in the back. Williams carried a black 12-gauge sawed-off pump-action shotgun. When the four arrived at Ford and Gardner’s apartment, Ford’s nine-year-old son, Myron, opened the door to Bennett. Myron was familiar with Bennett, as Bennett had previously spent the night at Myron’s home. Bennett and Aufai went to a back bedroom where Ford and Gardner were lying on a bed watching television. Shortly thereafter Williams and Jackson entered the room. Jackson had the drawstring pulled on his hooded jacket, obscuring his face, and Williams’s face was covered with a bandanna. Williams ordered Myron, who was sitting on a computer chair, to go to the bed with Ford and Gardner. Williams pointed his gun at Gardner and demanded money. Gardner held his hands up while Jackson dug through Gardner’s pockets. Jackson collected Gardner’s jewelry and other items located on a dresser. Williams then questioned Gardner twice with, “I thought you didn’t have no money?” and then shot Gardner in the face. Williams then turned the gun on Ford and shot her in the forehead, left elbow and the back of her left thigh. Ford and Gardner were dead when police arrived on the scene. Williams also shot Myron; his left arm was nearly severed and held on by only tissue and tendons, and his right arm and face sustained injury as well.

After the shooting began, Jackson, Au-fai, and Bennett retreated to their vehicle where Jackson instructed Aufai to wait for Williams. Soon thereafter, Williams entered the car, still carrying the gun. Jackson instructed Aufai to drive to the “30’s,” the neighborhood Jackson was from, and upon arriving at the 3600 block of Wayne Avenue in Kansas City, Bennett observed Jackson take the gun and give it to some “dudes.” Jackson purchased “weed” on East 36th Street to “calm his nerves.”

Jackson was indicted for and convicted by a jury of two counts of second-degree murder, one count of first-degree assault, and three counts of armed criminal action. Jackson appeals.

In his first point on appeal, Jackson contends that the circuit court erred in overruling his Batson objection to the State’s peremptory strike of venireperson Takeshia Ford from the pool of alternate jurors, asserting that the State’s explanation for the strike was pretextual. Jackson contends that he established that the State’s given reason for the strike, that Venireperson Ford was working to become a prison chaplain, was pretextual. He contends that Ford’s pursuit of prison chaplaincy had no bearing because the jurors would be assessing the credibility of one inmate over another. Further, he contends that Ford’s purpose for pursuing her chaplain’s license was to assist law enforcement, not prison inmates. Additionally, Jackson maintains that Ford’s connection with law enforcement would have madé her a stronger juror for the State than white Venireperson Thomas Remley, whom the state chose not to strike.

When reviewing a ruling on a Batson challenge, we accord the circuit court “great deference because its findings of fact largely depend on its evaluation of credibility and demeanor.” Kesler-Fergu[440] son v. Hy-Vee, Inc., 271 S.W.3d 556, 558 (Mo. banc 2008). We will reverse the circuit court’s decision only if it is clearly erroneous. Id. To find the decision is clearly erroneous, we “must have a definite and firm conviction that a mistake was made.” Id.

Missouri has a three-step procedure for resolving a Batson challenge. Id. In the first step, the party challenging the strike must object and make a prima facie case of racial discrimination by identifying the protected class to which the potential juror belongs. Id. at 559; State v. Bateman, 318 S.W.3d 681, 689 (Mo. banc 2010), cert. denied, — U.S. -, 131 S.Ct. 927, 178 L.Ed.2d 772 (2011). In the second step, the proponent of the strike must present a specific and clear race-neutral reason for the strike. Kesler-Ferguson, 271 S.W.3d at 559. “The second step of this process does not demand an explanation that is persuasive, or even plausible.” Purkett v. Elem, 514 U.S. 765, 767-68, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995). The sole issue at this stage is the facial validity of the explanation. Id. at 768,115 S.Ct. 1769. Unless a discriminatory intent is inherent in the reason given, the circuit court should deem the reason to be neutral. Id.

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State v. Jackson, 385 S.W.3d 437, 2012 WL 1994851, 2012 Mo. App. LEXIS 768 (Mo. Ct. App. 2012).

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