State v. Sage

977 S.W.2d 65, 1998 Mo. App. LEXIS 1501, 1998 WL 461077
CourtMissouri Court of Appeals
DecidedAugust 11, 1998
DocketNo. WD 54039
StatusPublished
Cited by5 cases

This text of 977 S.W.2d 65 (State v. Sage) 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. Sage, 977 S.W.2d 65, 1998 Mo. App. LEXIS 1501, 1998 WL 461077 (Mo. Ct. App. 1998).

Opinion

SMART, Judge.

Rhonda L. Sage appeals her conviction, after jury trial, on one count of endangering the welfare of a child in the first degree, § 568.045, RSMo 19941, for which she was sentenced to three years imprisonment. She contends that the trial court erred in overruling her objections to the State’s use of peremptory strikes to remove venirepersons Don Tate, Connie Crutcher and Teisha Ingram. Ms. Sage also claims that the trial court erred in overruling her pretrial motion in limine and her objections at trial to the admission of evidence that her parental rights to another child were terminated. Judgment is affirmed.

Background

After midnight on July 12,1996, Paul Lewis decided to visit an old girlfriend, although he was uncertain of where she lived. One of her old neighbors directed him toward a house in the Euclid area where it was thought that she might be found. As Mr. Lewis approached the house he thought he heard a baby crying. He knocked on the door of the house and the door fell open. A little girl, twenty-month-old Kristina Carter, grabbed him and would not let go. The child was shaking and distraught. Mr. Lewis went into the house to see if anyone was there, but did not see anyone at the house. Mr. Lewis went to the phone, but had to leave the house because it “reeked.”

Mr. Lewis went outside where his brother and his brother’s girlfriend were waiting. He told them about the child and they discussed what to do. They decided to take the little girl to the police station. At this point, about fifteen minutes after his arrival at the house, Mr. Lewis noticed a patrol car. He flagged the car down and told the police officer about the child. Brian Templeton of the Kansas City Police Department was stopped by Mr. Lewis at approximately 1:21 a.m.

Officer Templeton went inside the house to see if there were any more children present. He found none. He began to look for the parent of the little girl and went around the neighborhood from door to door. Officer Templeton described the inside of the house as “horrible.” He testified that there was trash all over the floor and an awful smell. Officer Templeton was able to determine who owned the house. He contacted the caretaker of the residence, Willie Turner.

After Mr. Turner arrived at the house the appellant, Rhonda Sage, arrived at the scene at approximately 2:10 a.m. Ms. Sage said that she was the mother of the child, Kristina Marie Carter, who was about twenty months old at the time. Ms. Sage said that she had only been gone for fifteen minutes. When told that the police had been at the scene for close to an hour and that she was going to be arrested for child endangerment, she became hostile and belligerent, kicking, screaming and calling the officers names.

Police Officer Deborah Yelverton searched the house in which Kristina was found. Just inside the house, in the foyer area, she noticed a bucket containing knives. The living room was cluttered with papers, boxed items, trash and clothing. In the dining room she found a bottle of Irish Rose, an alcoholic beverage, within the reach of a child. The [68]*68kitchen had food and dirty dishes on the cabinets. The refrigerator was filled with spoiled food. There was no water within the reach of the child. Officer Yelverton found a bottle of ammonia on a kitchen chair. In the bathroom area, adjacent to the kitchen, she observed human waste in the toilet and laundry on the floor. The upstairs bedrooms were cluttered with trash and clothing. Between the bedrooms was a two or three inch gap, exposing wires.

Ms. Sage was interviewed by Detective Wayne Owings of the Kansas City Police Department. Ms. Sage told Detective Ow-ings that she had gone to a drive-in movie with a man named Curtis. When Officer Owings asked how to contact Curtis, Ms. Sage told him that she did not know Curtis’ last name, his address or his telephone number. She stated that on the way home from the movie, they had a flat tire at Linwood and Paseo. She left her car in a parking lot and walked to her aunt’s house. From there she called a friend named Dave to take her to get some cigarettes. She claimed that she had left Kristina at the Euclid house with her cousin, Willie Turner. Ms. Sage claimed to have driven to Kansas City, Kansas to look for one of her children and that when she returned she found the police at the house on. Euclid. Ms. Sage told essentially the same story to Dawn DeSmet, an investigator for the Division of Family Services.

William Turner testified that he was Rhonda Sage’s second cousin. The house on Euclid belonged to his mother who had been placed in a nursing home. Ms. Sage- had lived with Mr. Turner’s mother at one point, but had been told to leave. She did not have permission to be at the house. Neighbors had seen Ms. Sage coming and going from the house, but Mr. Turner was never able to catch her there. Mr. Turner denied that Ms. Sage had left Kristina with him. He stated that Ms. Sage did not even know his telephone number and noted that he had not seen Ms. Sage in months.

The jury found Ms. Sage guilty of endangering the welfare of a child in the first degree. Ms. Sage was sentenced to three years imprisonment. She appeals.

Batson Challenges

Ms. Sage contends that the trial court erred in overruling defense counsel’s objections to the State’s use of peremptory strikes to remove three minority venirepersons, Don Tate, Connie Crutcher, and Teisha Ingram. She claims that she was denied her right to equal protection under the law as guaranteed by the Fourteenth Amendment to the United States Constitution and by Article 1, § 2 of the Missouri Constitution because she made a prima facie case of the racially discriminatory exercise of peremptory challenges by the State. She claims that the State’s explanations for its strikes were not race-neutral and were pretextual because similarly situated white venirepersons remained on the jury.

The State’s use of peremptory challenges to exclude jurors on the basis of their race or their gender is forbidden under the Equal Protection Clause. Batson v. Kentucky, 476 U.S. 79, 89, 106 S.Ct. 1712, 1719, 90 L.Ed.2d 69 (1986). Missouri utilizes a three-step process for Batson challenges. See State v. Parker, 836 S.W.2d 930, 939 (Mo. banc 1992). The first step in the process requires that a defendant raise a Batson challenge to venirepersons struck by the State, identifying a cognizable racial group to which the challenged venirepersons belong. Next, the State must provide a race-neutral explanation for the strike that is reasonably specific. Finally, assuming that the State provides such a reason, the defendant shoulders the burden of showing that the State’s reasons are pretextual and that the strikes are, in actuality, racially motivated. Id, The State’s justification for making a peremptory strike need not rise to the same level as the justification for a challenge for cause. State v. Hall, 955 S.W.2d 198, 205 (Mo. banc 1997), cert. denied, — U.S. -, 118 S.Ct. 1375, 140 L.Ed.2d 523 (1998).

Unless an inherently discriminatory intent is found in the State’s explanation, the strike will be upheld. State v. Roberts, -948 S.W.2d 577, 601 (Mo. banc 1997).

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Cite This Page — Counsel Stack

Bluebook (online)
977 S.W.2d 65, 1998 Mo. App. LEXIS 1501, 1998 WL 461077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sage-moctapp-1998.