State v. Roberts

Missouri Court of Appeals

State v. Roberts

815 S.W.2d 135, 1991 Mo. App. LEXIS 1441, 1991 WL 179433

Missouri Court of Appeals·Decided September 17, 1991·No. No. 58973·Published

Opinion

ORDER

PER CURIAM.

A jury convicted defendant, Tamara Roberts, of possession of cocaine, § 195.202 RSMo Cum Supp.1990. The trial court sentenced defendant to three years imprisonment. On appeal defendant’s sole point alleges the court erred in giving MAI-CR3d 302.04 because it unconstitutionally diminishes the meaning of proof beyond a reasonable doubt. Both the Supreme Court of Missouri and this court have upheld the language in question. State v. Reese, 795 S.W.2d 69, 74-5 (Mo. banc 1990), cert, denied, — U.S. -, 111 S.Ct. 1025, 112 L.Ed.2d 1106 (1991); State v. Trust, 817 S.W.2d 528 (Mo.App.1991). Defendant’s point is denied. An extended opinion would serve no jurisprudential purpose. The judgment of conviction is affirmed. Rule 30.25(b).

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ORDER

PER CURIAM.

A jury convicted defendant, Tamara Roberts, of possession of cocaine, § 195.202 RSMo Cum Supp.1990. The trial court sentenced defendant to three years imprisonment. On appeal defendant’s sole point alleges the court erred in giving MAI-CR3d 302.04 because it unconstitutionally diminishes the meaning of proof beyond a reasonable doubt. Both the Supreme Court of Missouri and this court have upheld the language in question. State v. Reese, 795 S.W.2d 69, 74-5 (Mo. banc 1990), cert, denied, — U.S. -, 111 S.Ct. 1025, 112 L.Ed.2d 1106 (1991); State v. Trust, 817 S.W.2d 528 (Mo.App.1991). Defendant’s point is denied. An extended opinion would serve no jurisprudential purpose. The judgment of conviction is affirmed. Rule 30.25(b).

State v. Roberts, 815 S.W.2d 135, 1991 Mo. App. LEXIS 1441, 1991 WL 179433 (Mo. Ct. App. 1991).

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Opinion

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