State v. Owens

Missouri Court of Appeals

State v. Owens

281 S.W.3d 921, 2009 Mo. App. LEXIS 547, 2009 WL 1119255

CourtMissouri Court of Appeals

DecidedApril 28, 2009

DocketED 91759

StatusPublished

This text of 281 S.W.3d 921 (State v. Owens) 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. Owens, 281 S.W.3d 921, 2009 Mo. App. LEXIS 547, 2009 WL 1119255 (Mo. Ct. App. 2009).

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Opinion

ORDER

PER CURIAM.

Corey J. Owens (Appellant) appeals from the trial court’s judgment entered upon a jury verdict convicting him of assault of a law enforcement officer in the first degree, assault of a police officer in the second degree, two counts of armed criminal action, three counts of possession *922 of a controlled substance, and one count of trafficking in the second degree. Appellant contends the trial court erred in denying his request to replace a juror who slept during trial and in entering a judgment finding him guilty of possession of a controlled substance and trafficking because the evidence was insufficient to establish that he knowingly possessed the controlled substances.

We have reviewed the briefs of the parties and the record on appeal and conclude that the trial court did not abuse its discretion in denying Appellant’s request to dismiss the alleged sleeping juror, Lester v. Sayles, 850 S.W.2d 858, 870 (Mo. banc 1993), and the evidence was sufficient to support Appellant’s convictions, State v. Foulks, 72 S.W.3d 322, 323 (Mo.App. S.D. 2002). An extended opinion would have no precedential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Criminal Procedure 30.25(b).

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ORDER

PER CURIAM.

Corey J. Owens (Appellant) appeals from the trial court’s judgment entered upon a jury verdict convicting him of assault of a law enforcement officer in the first degree, assault of a police officer in the second degree, two counts of armed criminal action, three counts of possession *922 of a controlled substance, and one count of trafficking in the second degree. Appellant contends the trial court erred in denying his request to replace a juror who slept during trial and in entering a judgment finding him guilty of possession of a controlled substance and trafficking because the evidence was insufficient to establish that he knowingly possessed the controlled substances.

We have reviewed the briefs of the parties and the record on appeal and conclude that the trial court did not abuse its discretion in denying Appellant’s request to dismiss the alleged sleeping juror, Lester v. Sayles, 850 S.W.2d 858, 870 (Mo. banc 1993), and the evidence was sufficient to support Appellant’s convictions, State v. Foulks, 72 S.W.3d 322, 323 (Mo.App. S.D. 2002). An extended opinion would have no precedential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Criminal Procedure 30.25(b).

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Bluebook (online)

281 S.W.3d 921, 2009 Mo. App. LEXIS 547, 2009 WL 1119255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-owens-moctapp-2009.

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