State v. Townsend

552 S.W.3d 177
CourtMissouri Court of Appeals
DecidedJune 12, 2018
DocketNo. SD 35077
StatusPublished
Cited by1 cases

This text of 552 S.W.3d 177 (State v. Townsend) 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. Townsend, 552 S.W.3d 177 (Mo. Ct. App. 2018).

Opinion

DON E. BURRELL, J.

*178Marquan Dezarsha Townsend ("Defendant") appeals his bench-trial conviction for the class-E felony of resisting arrest for actions he took while fleeing from the police in his vehicle in February 2017. See section 575.150.1 In a single point relied on, Defendant insists "that there was insufficient evidence to establish that [he] fled in a manner that created a substantial risk of serious physical injury or death to any person."

Finding no merit in Defendant's point, we affirm.

Governing Law & Applicable Principles of Review

Section 575.150.1(1) provides, inter alia , that

[a] person commits the offense of resisting ... arrest, detention, or stop if he or she knows or reasonably should know that a law enforcement officer is ... attempting to lawfully detain or stop an individual or vehicle, and for the purpose of preventing the officer from effecting the ... stop ... he or she ... [r]esists the ... stop ... of such person ... by fleeing from such officer[.]

As relevant to the circumstances of this case, resisting arrest "is a class A misdemeanor, unless the person fleeing creates a substantial risk of serious physical injury or death to any person, in which case it is a class E felony." Section 575.150.5. "Serious physical injury " is "physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body[.]" Section 556.061(44).

Neither the overall criminal code nor section 575.150 define "substantial risk," but "[t]he words 'substantial risk' have a plain and ordinary meaning cognizable by a person of ordinary intelligence." State v. Mahurin , 799 S.W.2d 840, 842 (Mo. banc 1990). By way of comparison to the use of the same term in the context of the offense of endangerment of a child, "substantial means 'not seeming or imaginary' and risk means 'the possibility of loss, injury, disadvantage or destruction.' " State v. Fowler , 435 S.W.3d 90, 94 (Mo. App. S.D. 2014) (quoting State v. Rinehart , 383 S.W.3d 95, 101 (Mo. App. W.D. 2012) ).

An appellate court's review of the sufficiency of the evidence to support a criminal conviction is limited to determining whether there is sufficient evidence from which a reasonable jury could have found the defendant guilty beyond a reasonable doubt. State v. Chaney , 967 S.W.2d 47, 52 (Mo. banc 1998) (citing Jackson v. Virginia , 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) ). All evidence and inferences favorable to the State are accepted as true, and all evidence and inference[s] to the contrary are rejected.

State v. Porter , 439 S.W.3d 208, 211 (Mo. banc 2014).

In a bench-tried case, "the trial court's findings have the force and effect of the verdict of a jury." State v. Crawford , 68 S.W.3d 406, 408 (Mo. banc 2002) ; see also Rule 27.01(b). As fact-finder, the trial court "may believe all, some, or none of the testimony of a witness when considered with the facts, circumstances and other testimony in the case." Id. "Where different inferences are reasonably deducible from the facts and circumstances of the *179case, it is for the trier[ ] of fact to determine which inference shall be drawn and [the appellate court] may not cast aside [the fact finder's] inferences for another of its own choice." State v. Sitton , 323 S.W.3d 65, 69 (Mo. App. S.D. 2010) (internal quotation and citation omitted).

Evidence and Procedural History

Our following summary of the evidence adduced at trial is in accordance with our obligation to accept as true the evidence and reasonable inferences therefrom that support the trial court's finding. See Porter , 439 S.W.3d at 211.

On February 10, 2017, police officers Corporal Nicholas Darter and Sergeant Bobby Jones observed Defendant driving a vehicle on a gas station parking lot. The officers noticed that the vehicle lacked a required front license plate, and Defendant was driving the vehicle in circles. After Defendant drove away from the gas station, Corporal Darter tried to intercept the vehicle in an attempt to make a traffic stop. The speed limit in the area was 25 miles-per-hour, but Defendant was driving "at a high rate of speed" that Corporal Darter estimated to be "double the speed limit." Defendant's vehicle "was throwing rocks and ... fishtailing when he was going down the gravel road." The houses along that road were "close" to the road. Corporal Darter observed that Defendant was not in "complete control of his vehicle." Sergeant Jones saw Defendant's vehicle skid "around the curve" on the gravel road. Corporal Darter activated the lights and sirens on his patrol car as he followed Defendant on the gravel road.

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Bluebook (online)
552 S.W.3d 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-townsend-moctapp-2018.