State v. Mahone

Missouri Court of Appeals

State v. Mahone

283 S.W.3d 816, 2009 Mo. App. LEXIS 410, 2009 WL 909715

CourtMissouri Court of Appeals

DecidedApril 7, 2009

DocketWD 69087

StatusPublished

Cited by1 cases

This text of 283 S.W.3d 816 (State v. Mahone) 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. Mahone, 283 S.W.3d 816, 2009 Mo. App. LEXIS 410, 2009 WL 909715 (Mo. Ct. App. 2009).

Pincite

Opinion

Order

PER CURIAM.

Charles Mahone appeals his conviction, after a jury trial, for the death of his eighteen month old step-son, Aaron Marshall. Mahone was convicted of murder in the second degree, pursuant to Section 565.021.1(2), 1 one count of abuse of a child resulting in death and one count of abuse of a child, both pursuant to Section 568.060, and two counts of endangering the welfare of a child, pursuant to Section 568.045, for which he was sentenced to a total of thirty-two years.

Mahone raises two points of error, neither of which were raised at trial, and are, consequently, only reviewed for plain error. First, he claims that the trial court erred when it permitted the medical examiner to testify to the findings of an expert who examined Aaron’s brain. Second, he claims that the two convictions for abuse of a child resulting in death and the two counts of endangering the welfare of a child were duplicative and, therefore, constituted double jeopardy.

Upon careful review, this court finds no basis for plain error review. A lengthy opinion would serve no precedential purpose. The parties have been provided a memorandum of this court’s reasoning.

Judgment affirmed. Rule 30.25(b).

1

. All statutory references are to RSMo 2000 unless otherwise specified.

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