State v. Jacobs

813 S.W.2d 318, 1991 Mo. App. LEXIS 1037, 1991 WL 117809
CourtMissouri Court of Appeals
DecidedJuly 2, 1991
DocketNo. WD 43180
StatusPublished
Cited by7 cases

This text of 813 S.W.2d 318 (State v. Jacobs) 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. Jacobs, 813 S.W.2d 318, 1991 Mo. App. LEXIS 1037, 1991 WL 117809 (Mo. Ct. App. 1991).

Opinion

KENNEDY, Presiding Judge.

Appellant Darron Jacobs was convicted upon jury trial on the charges of second degree murder, first degree assault, two counts of first degree attempted robbery, and four counts of armed criminal action. The court entered judgment in accordance with the verdict and sentenced appellant to life imprisonment plus forty-five years. He has appealed to this court and raises four allegations of error.

We consider first appellant’s allegation that the trial court erred in overruling his motion for judgment of acquittal because “insufficient evidence as a matter of law was presented to justify the submission to the jury of any of the eight counts charged....” In deciding this issue, we consider the evidence and all reasonable inferences supportive of the verdict in the light most favorable to the verdict, and disregard those portions of the record contrary to a finding of guilt. State v. Seeger, 725 S.W.2d 39, 40 (Mo.App.1986); State v. Guinan, 665 S.W.2d 325, 327 (Mo. banc 1984), cert. denied, 469 U.S. 873, 105 S.Ct. 227, 83 L.Ed.2d 156 (1984); State v. McDonald, 661 S.W.2d 497, 500 (Mo. banc 1983), cert. denied, 471 U.S. 1009, 105 S.Ct. 1875, 85 L.Ed.2d 168 (1985). The test is [320]*320whether the evidence, so viewed, was sufficient to make a submissible case from which rational jurors could have found beyond a reasonable doubt that appellant was guilty. Seeger 725 S.W.2d at 40; State v. Bonuchi, 636 S.W.2d 338, 340 (Mo. banc 1982), cert. denied, 459 U.S. 1211, 103 S.Ct. 1206, 75 L.Ed.2d 446 (1983); State v. Kelly, 539 S.W.2d 106, 109 (Mo. banc 1976).

Viewed in that light, the evidence establishes that on February 8, 1989, Brenda Taylor approached appellant about committing a robbery. Taylor indicated that she wanted appellant to rob two men with whom she had an arrangement regarding the sale of drugs out of her apartment. Pursuant to the arrangement, Taylor, in exchange for a portion of the drug proceeds, agreed to let Darren Norton and Lance Turner use her apartment to sell drugs. Taylor was apparently unsatisfied with her share of the money, however, and enlisted appellant to rob Turner and Norton.

Appellant then recruited Joseph Burns, Lamont Owens and Mikkis Taylor to carry out the robbery. Appellant gathered the three together and described his plan. According to the plan, appellant and Shawn-tra Taylor would enter Brenda Taylor’s apartment first. Burns, Owens and Taylor would arrive at the apartment about five or ten minutes later. Appellant was supposed to be “robbed” also “[s]o they wouldn’t think he had anything to do with it.” When the three men entered the apartment they were supposed to make everybody lie on the floor, then “search them and take everything they had.” Appellant had instructed them to take money, drugs and a gold chain from Norton and Turner.

Prior to the planned robbery, appellant distributed a 9 mm. gun to Owens, a .38 caliber gun to Bums and shotgun shells to Taylor for his 12-gauge shotgun. When the three men arrived at the apartment, they knocked on the door and when it was answered they yelled, “Get down. Everybody get down on the floor.” Brenda Taylor responded, “They [Norton and Turner] just went out the back door.” Owens, Bums and Taylor then proceeded outside in pursuit of Norton and Turner. Norton and Turner were confronted at their car. During the gun battle, Norton was killed and Turner was wounded.

Appellant claims that insufficient evidence was presented to justify submission of the eight counts to the jury, but does not specifically address the evidence as it relates to the eight counts individually. He concludes that because the evidence was “neither substantial nor convincing,” the court erred in failing to grant acquittal for appellant on all eight counts. We disagree. The evidence produced by the State was evidence from which rational jurors could have found beyond a reasonable doubt that appellant was guilty. The State is not required to conclusively establish guilt nor exclude every hypothesis of innocence. State v. Overkamp, 646 S.W.2d 733, 737 (Mo.1983); State v. Prier, 634 S.W.2d 197, 199 (Mo. banc 1982). We hold a submissi-ble case was made and the trial court did not err in failing to grant acquittal for appellant.

Appellant’s next allegation of error is that the trial court “erred in overruling defendant’s objections to the jury panel and jury, as they were both improperly constituted.” Appellant alleged that Jackson County is 23% black and his jury panel was only 20% black. He argues that this is not representative and denies him a fair cross-section of the community. Appellant similarly alleges that an imbalance exists between his age and the age of most of the members of the jury panel.

We will first address appellant’s assignment of error that his jury panel was improperly racially composed. Appellant provides no support for his allegation that Jackson County is 23% black. Assuming, however, that this is indeed the case, appellant’s claim of fair cross-section violation fails under the test established in Duren v. Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979). In Duren, the Supreme Court provided a three-part test that must be satisfied in order to prevail on a claim of violation of the requirement of a fair cross-section of community representation: 1) the persons alleged excluded con[321]*321stituted a distinctive class in the community; 2) the representation of this class in the array does not fairly and reasonably relate to their numbers in the community; and 3) this underrepresentation results from systematic exclusion of the group in the jury selection process. Id. at 364, 99 S.Ct. at 668-69.

There is a strong presumption that the jury tendered at the outset of trial has been properly selected. State v. Williams, 767 S.W.2d 87, 90 (Mo.App.1989); State v. Bynum, 680 S.W.2d 156, 160 (Mo. banc 1984). A venire will be held to be improperly constituted only for substantial reasons. Id.

As was stated by this court in State v. Davis, 646 S.W.2d 871, 874 (Mo.App.1982), that blacks are a distinctive class within Jackson County, Missouri, for purposes of the Duren test, is not disputed. However, this point must be ruled against appellant because of the second and third parts of the Duren tests. The court in Davis held that the percentage of blacks as a group in the venires of the county must be “substantially” less than the population figure of blacks living in the county, in order to prevail on this claim. The court held that a disparity of 4.5% between the blacks in the venires of the county and the blacks living in the county did not meet the requirement of the second part of the Du-ren test.

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Bluebook (online)
813 S.W.2d 318, 1991 Mo. App. LEXIS 1037, 1991 WL 117809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jacobs-moctapp-1991.