State v. Sloan

561 S.W.3d 831
CourtMissouri Court of Appeals
DecidedAugust 28, 2018
DocketNo. ED 105650
StatusPublished
Cited by2 cases

This text of 561 S.W.3d 831 (State v. Sloan) 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. Sloan, 561 S.W.3d 831 (Mo. Ct. App. 2018).

Opinion

KURT S. ODENWALD, Presiding Judge *833Introduction

The State charged Jacob K. Sloan ("Sloan"), as a dangerous offender, with one count of resisting arrest, one count of second-degree assault of a law enforcement officer, and one count of third-degree assault of a corrections officer. A jury found Sloan guilty on counts one and three, and guilty of a lesser-included offense on count two. Sloan raises two points on appeal. Sloan maintains that the trial court plainly erred in sentencing him as a dangerous offender and that the State did not present sufficient evidence to support the jury's resisting-arrest conviction. Because the State provided proper notice in its information and because the trial court heard sufficient testimony to determine that Sloan was a dangerous offender, we reject Sloan's first point. The record also contains evidence that Sloan purposely struggled against being handcuffed and refused to submit to a weapons search, thereby supporting the jury's resisting-arrest conviction. We affirm the judgment of the trial court.

Factual and Procedural History

The State charged Sloan with one count of resisting arrest, one count of second-degree assault of a law enforcement officer, and one count of third-degree assault of a corrections officer. The charges arose from allegations that Sloan resisted arrest by using violence or physical force, which resulted in serious physical injury to one officer, and knowingly striking another officer. The case proceeded to a jury trial.

In its Second Amended Information, the State alleged that Sloan was a dangerous offender due to Sloan's prior felony-robbery conviction. Before trial, the State offered a certified copy of Sloan's conviction. Defense counsel did not object when the trial court accepted the evidence and pronounced Sloan a dangerous offender.

In sufficiency-of-the-evidence cases, we view the evidence presented at trial in the light most favorable to the verdict. See State v. Bateman, 318 S.W.3d 681, 687 (Mo. banc 2010). Thus, we consider the following facts adduced at trial: Officers Robert Scott ("Officer Scott") and Patrick Martin ("Officer Martin") responded to a disturbance call at a gas station. When the officers arrived at the gas station, they found Sloan in a car, asked Sloan to exit the vehicle, and obtained his information. Subsequently, Officer Martin discovered Sloan's outstanding felony warrant.

Officer Martin approached Sloan and notified Sloan that he was under arrest for a felony warrant. As Officer Martin attempted to handcuff Sloan, Sloan tensed his body and pulled his hands apart. Officer Martin repeatedly told Sloan to stop resisting. Following the struggle, Officer Martin was able to secure the handcuffs on Sloan.

Immediately after handcuffing Sloan, Officer Martin attempted to search Sloan's person for weapons. Officer Martin told Sloan to spread his feet, but Sloan refused to comply. Officer Martin then forced Sloan's legs apart. When Officer Martin bent down to perform the search, Sloan threw his hips back and leaned onto Officer Martin. Sloan alleges that he only leaned back against Officer Martin because, as Officer Martin began his pat-down search, he grabbed the handcuffs, forcing Sloan backwards. Sloan tensed his body and Officer Martin believed Sloan would head-butt him, which Sloan denied. Instead, Sloan testified that he turned to speak with Officer Martin.

Officer Martin positioned Sloan against a metal propane display to gain control of him. Officer Martin's right hand went between *834Sloan's right shoulder and a propane display in front of the store, fracturing Officer Martin's fourth metacarpal. Officer Martin again told Sloan to stop resisting; Sloan finally complied. Officer Martin led Sloan to the police vehicle.

Officer Martin transported Sloan to the police department. Corrections Officer Kyle Gregg ("Officer Gregg") met Officer Martin at the department. The officers told Sloan to exit the police vehicle. Sloan eventually departed the vehicle. Officers Gregg and Martin escorted Sloan into the jail. However, before Sloan reached the jail, he stopped, stiffened his body, and refused to go inside the jail. Sloan placed his feet up against the wall, and pushed back towards Officers Gregg and Martin. Sloan's head hit Officer Gregg's head. In response, the officers directed Sloan to the ground. Eventually, the officers were able to subdue Sloan and confine him.

During trial, Sloan moved for judgment of acquittal at the close of all evidence. The trial court denied Sloan's motion. The trial court submitted the case to the jury. The jury found Sloan guilty of resisting arrest, third-degree assault of Officer Gregg, and the lesser-included offense of felony second-degree assault of Officer Martin for causing serious physical injury with criminal negligence. The trial court sentenced Sloan to four years in prison each for resisting arrest and third-degree assault of a corrections officer and one year for second-degree assault of an officer. The trial court set all convictions to run concurrently.

Points on Appeal

Sloan raises two points on appeal. Point One contends that the trial court plainly erred in finding that Sloan is a dangerous offender because the State did not give Sloan constitutionally sufficient notice of the basis for the dangerous offender status. Point Two alleges that the trial court erred in entering judgment against Sloan because the State's evidence was insufficient to sustain the jury's finding that Sloan resisted arrest.

Discussion

I. Point One-Dangerous-Offender Finding

Trial counsel did not object to the trial court's finding that Sloan was a dangerous offender. Thus, Sloan seeks plain error review of Point One.

Sloan argues that the trial court plainly erred in finding that Sloan is a dangerous offender and subjecting him to an enhanced range of punishment because the State failed to give constitutionally sufficient notice of the basis for the dangerous-offender status. Further, Sloan contends that the jury failed to convict Sloan of knowingly inflicting or threatening to inflict serious physical injury on another person during this incident. Therefore, Sloan claims that the trial court lacked authority to sentence Sloan as a dangerous offender.1

*835A. Plain Error Standard

"Any issue that was not preserved at trial can only be reviewed for plain error, which requires a finding that manifest injustice or a miscarriage of justice has resulted from the trial court error." State v. Perry, 548 S.W.3d 292, 300 (Mo. banc 2018) (internal quotation omitted); Rule 30.20.2 "Relief under the plain error rule is granted only when the alleged error so substantially affects the rights of the accused that a manifest injustice or miscarriage of justice inexorably results if left uncorrected." Perry

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Cite This Page — Counsel Stack

Bluebook (online)
561 S.W.3d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sloan-moctapp-2018.