State v. Carey, WD
| Citation | 914 S.W.2d 406 |
| Decision Date | 30 January 1996 |
| Docket Number | No. WD,WD |
| Parties | STATE of Missouri, Respondent, v. Michael CAREY, Appellant. 50963. |
| Court | Court of Appeal of Missouri (US) |
Appeal from the Circuit Court of Buchanan County; Patrick K. Robb, Judge.
Emmett D. Queener, Columbia, for appellant.
Jeremiah W. (Jay) Nixon, Attorney General, David R. Truman, Assistant Attorney General, Jefferson City, for respondent.
Before ULRICH, P.J., and BRECKENRIDGE and SMITH, JJ.
Mr. Carey appeals his conviction of failure to appear, section 544.665, RSMo 1994. He claims the trial court erred in overruling his motion for judgment of acquittal in that the state failed to prove by sufficient evidence that he had the specific intent not to appear in court as ordered on the date scheduled. In reviewing a sufficiency of the evidence claim, this Court determines if sufficient evidence permits a reasonable trier of fact to find guilt. State v. Storey, 901 S.W.2d 886, 894-95 (Mo.1995). This Court will not weigh the evidence but accepts as true all evidence tending to prove guilt. State v. Sladek, 835 S.W.2d 308, 310 (Mo.1992). The state is given the benefit of all reasonable inferences, and any contrary inferences and evidence are disregarded. State v. Sexton, 890 S.W.2d 389, 391 (Mo.App.1995).
Mr. Carey was arrested on a Buchanan County stealing charge in South Dakota on July 31, 1992. He was arrested again on March 21, 1993 in Sydney, Ohio. The Buchanan County Prosecuting Attorney did not seek extradition either time due to Mr. Carey's hospitalization. Mr. Carey was arrested in Ohio on a different warrant in August of 1994. Mr. Carey refused extradition and was returned to Missouri on a governor's warrant. After returning to Buchanan county, he was released on bond on July 22, 1993, in order to be hospitalized again. When released, he was scheduled to reappear in court on September 22, 1993. He did not return to court on that date. An arrest warrant was issued October 13, 1993, for his failure to appear.
Mr. Carey scheduled heart surgery for September 20, 1993, in Ohio. The surgery was not performed in Missouri due to health insurance limitations. Mr. Carey was released from the Ohio hospital on October 13, 1993, but he did not return to Buchanan County until November 17, 1994.
Mr. Carey was found guilty of failing to appear as required after a judge-tried case on March 6, 1995, and he was sentenced to one year imprisonment to be served consecutively to the sentence imposed on the stealing conviction.
Mr. Carey testified that he was told by his attorney that he did not have to return to Buchanan County on the stealing charge for which he had been released on bail. Due regard is given to the trial court's superior opportunity to judge the credibility of witnesses. State v. Twenter, 818 S.W.2d 628, 635 (Mo. banc 1991). Only facts and inferences favorable to the prevailing party are considered. State v. Smith, 849 S.W.2d 209 (Mo.App.1993).
Failure to appear is a specific intent crime. State v. Street, 735 S.W.2d 371, 372 (Mo.App.1987). The state does not make a case merely by showing the defendant was not present in court when required to appear. Id. However, willfulness need not be proven by direct evidence. Smith, 849 S.W.2d at 213. Intent not to appear is generally shown through circumstantial evidence. State v. Young, 636...
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State v. Hightower
...that the robbers took from the robbery scene. It is the jury's role, not an appellate court's, to weigh the evidence. State v. Carey, 914 S.W.2d 406, 407 (Mo.App.1996). The jury was convinced beyond a reasonable doubt that defendant committed the robbery and, concurrent therewith, committed......
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State v. Flemons
...doubt, that the defendant was guilty. Gilbert, 103 S.W.3d at 749. "Failure to appear is a specific intent crime." State v. Carey, 914 S.W.2d 406, 408 (Mo.App.1996). To establish that a defendant had the requisite intent, the state must show through either direct or circumstantial evidence t......
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State v. Hawthorne
...503 (Mo.App.1997). Due regard is given to the trial court's superior opportunity to judge the credibility of witnesses. State v. Carey, 914 S.W.2d 406, 408 (Mo.App.1996). Required to In his sole point on appeal, Hawthorne contends the trial court erred in overruling his motion for judgment ......
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State v. McCoy, ED 80635.
...to hide from authorities. Moreover, Defendant appeared in court the month following his missed court date. See State v. Carey, 914 S.W.2d 406, 408 (Mo.App. W.D.1996). Given the limited evidence before the court, there was not sufficient evidence which would permit a reasonable trier of fact......