State v. Loggins

778 S.W.2d 783, 1989 Mo. App. LEXIS 1266, 1989 WL 102148
CourtMissouri Court of Appeals
DecidedSeptember 5, 1989
DocketNos. 54004, 55449
StatusPublished
Cited by4 cases

This text of 778 S.W.2d 783 (State v. Loggins) 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. Loggins, 778 S.W.2d 783, 1989 Mo. App. LEXIS 1266, 1989 WL 102148 (Mo. Ct. App. 1989).

Opinion

GRIMM, Presiding Judge.

In this jury-tried case, defendant Robert Loggins was convicted of first degree murder, first degree arson, and first degree robbery, in violation of §§ 565.020, 569.040, and 569.020, RSMo 1986. He was sentenced to consecutive terms of (1) life imprisonment without eligibility for probation or parole, (2) thirty years’ imprisonment,1 and (3) life imprisonment.

On appeal, defendant asserts that the court erred in (1) overruling his motions for acquittal, because there was insufficient evidence to support findings of guilt; (2) overruling his motion for mistrial, because the assistant circuit attorney employed her peremptory challenges in a racially discriminatory manner; (3) allowing the State to “death qualify” the jury; (4) admitting irrelevant evidence; (5) overruling defendant’s motion for mistrial after testimony may have suggested that defendant had committed other crimes; (6) overruling defendant’s post-conviction relief motion, because trial counsel was ineffective; and (7) sentencing defendant as a class X offender. Finding merit only in defendant’s last claim, we affirm the conviction; but remand for resentencing.

I

The evidence, viewed in a light most favorable to the verdict, discloses the following facts. At approximately 3:50 a.m. on August 12, 1986, a police officer on patrol noticed the smell of smoke. Upon investigating further, he discovered that the source of the smoke was a burning house, and notified the fire department.

After the fire was extinguished, firefighters found the body of a 70 year-old man on a bed. In preparing the body for transportation to the morgue, detectives noticed a “head wound” and blood on the bedsheets.

At the morgue, Dr. Michael Graham examined the body. At trial, he described the multiplicity of the victim’s wounds. According to the doctor, the victim’s head and facial injuries were consistent with having been (1) scratched by “something sharp or pointed”; (2) repeatedly struck “by some blunt object or a fist”; and (3) “struck ... with a bottle.”

Investigators at the scene of the crime discovered the neck óf a broken champagne bottle and a piece of green glass stained with blood. A large clump of hair was attached to the piece of glass. Microscopic comparisons “revealed that the hair on the glass was consistent with the victims hair.”

In addition to these injuries, the victim suffered four gunshot wounds to his head. One wound was caused by a shot fired from a .25 caliber handgun into the top front portion of the victim’s head; the bullet came to rest in the brain. The other three were “shotgun-type” wounds. These three wounds were caused by a gun fired from approximately twelve to eighteen inches from the victim’s head.

After being repeatedly beaten and shot in the head, the victim’s body and his house were doused with “medium petroleum distillates,” such as “charcoal lighter.” The victim’s body and house were then intentionally set on fire, with fires being started in at least four separate locations. Although the gunshot wounds were serious and could have ultimately caused the victim’s death, he actually died of smoke inhalation.

In examining the victim’s home, friends and relatives reported numerous items were missing. The missing items included three televisions, two VCRs, stereo equipment, foreign and American coins, a microwave oven, and the victim’s wallet containing “over a thousand dollars.” Also missing from the garage were two Cadillacs; one was a beige convertible, the other was a white hardtop.

II

The defendant, Ladon McCulley, and Terry Russell, were charged with murder, arson, and robbery. The three men were friends and “associates.”

[786]*786In August, 1986, McCulley was living “part time” with his girl friend Sharon Wright. Around midnight on the night of the murder, McCulley arrived at her apartment. He asked Sharon about some ski masks; they searched the apartment and found two masks. McCulley changed clothes, putting on a black t-shirt and dark corduroys. McCulley turned his t-shirt inside out to hide the Gucci emblem and make his shirt “just plain black.” McCul-ley then left.

Around 6:30 that morning, McCulley returned to Sharon’s apartment. He emptied his pockets of a large amount of change; then he hid two guns, a .25 and a .38, under a mattress. Russell was with McCulley. Russell had a brown plastic bag containing a new VCR and a telephone. These two items were put in Sharon’s bedroom.

About a half an hour later, defendant arrived at Sharon’s apartment. The three men sat in the living room. McCulley gave Sharon $250 in bills and told her to go pay the phone bill and rent.

Sharon left to pay the bills. Outside, she saw a “bunch of Police” looking at a car. A friend told her the car “came from somebody that got killed.” Sharon then went back inside the apartment building “and hollered up the steps to [McCulley] to tell them the Police was out there” and the police were “looking at some car.” McCul-ley then said, “they found the car, let’s get the hell out of here” and all three men immediately left.

The car in front of Sharon’s apartment was the victim’s Cadillac convertible. During the preceding night, a 19 year-old boy saw defendant driving that car.

Later that same night, that boy and a friend saw the car parked on the apartment complex parking lot. As the two boys approached the car, they smelled PCP. The 19 year-old testified that defendant was in the car; defendant told the boys “to get the ‘F’ away from it.” As he said that, defendant had a gun out the car window. When the police found the convertible in front of Sharon’s apartment, it was in the same spot where the boys had seen it.

Four days later, a used car dealer sold a 1973 Buick to a Robert Loggins. The dealer’s records indicated that Loggins lived at a certain address, later shown to be that of defendant. Three hundred dollars in cash was paid for the car.

On August 18, 1986, six days after the crimes, defendant drove the Buick to his wife’s house. His wife’s teenage sister went out to defendant’s car. Defendant gave the teenager a tape recorder and told her to take it inside to his wife. The next day, the police seized the tape recorder from a room in the wife’s house where defendant occasionally stayed. The tape recorder had been stolen from the victim.

About one week after the murder, McCulley was taken to the police station for questioning. Later that day, defendant phoned Sharon and “asked [her] what was going on.” Sharon said that McCulley had been “taken down” for questioning. Defendant then asked, “[d]id he leave anything?” Sharon told defendant that McCulley had left a .38 gun. Defendant said he would come to get it.

Defendant arrived at Sharon’s apartment with Russell and defendant’s half-brother, and picked up the gun. Police later recovered the gun from defendant’s half-brother. That .38 weapon was found to be one of the guns used to shoot the victim.

Some of the other property stolen from the victim was also recovered. A VCR was recovered at a woman’s house where McCulley had taken it two days earlier. The foreign coins were recovered from Sharon’s apartment. The white Cadillac was found in a school parking lot.

Ill

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Bluebook (online)
778 S.W.2d 783, 1989 Mo. App. LEXIS 1266, 1989 WL 102148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-loggins-moctapp-1989.