State v. Cartwright

Decision Date18 April 2000
Citation17 S.W.3d 149
Parties(Mo.App. E.D. 2000) . State of Missouri, Respondent, v. James Cartwright, Defendant/Appellant. Case Number: ED76042 Missouri Court of Appeals Eastern District Handdown Date: 0
CourtMissouri Court of Appeals

Appeal From: Circuit Court of St. Charles County, Hon. Ellsworth Cundiff, Jr.

Counsel for Appellant: Craig A. Johnston

Counsel for Respondent: John M. Morris, III, and Catherine Chatman

Opinion Summary: James Cartwright appeals from the judgment of the trial court entered on his conviction of aggravated stalking in violation of Section 565.225 RSMo. (1994).

AFFIRMED.

Division Three holds: The trial court did not err in overruling Cartwright's motion for judgment of acquittal and in sentencing him. A reasonable juror could find that he intended to cause the victim, his wife, to reasonably fear for her life or safety. The trial court did not err or plainly err in denying Cartwright''s motion for a continuance after he hired private counsel nine days prior to trial.

Opinion Author: Lawrence E. Mooney, Judge

Opinion Vote: AFFIRMED. Teitelman, P.J., and Ahrens, J., concur.

Opinion:

James Cartwright ("Defendant") appeals the judgment entered on his conviction of aggravated stalking in violation of Section 565.225 RSMo. (1994)1. On appeal, Defendant claims that the trial court erred in (1) overruling his motions for judgment of acquittal and in sentencing him on his aggravated stalking conviction because there was insufficient evidence to prove his guilt beyond a reasonable doubt in that the State did not prove that Defendant made a credible threat against the life of, or a credible threat to cause physical injury to, his wife, Laura Cartwright ("Victim"), or that Defendant intended to cause Victim to reasonably fear for her safety; and (2) overruling Defendant's motion for continuance, after the court allowed appointed counsel to withdraw and private counsel to enter her appearance just nine days before trial causing prejudice to Defendant because the State had just recently disclosed police reports and cassette tapes and private counsel had not been given adequate time to investigate, prepare, subpoena witnesses, or make considered and reasoned trial decisions. We affirm.

FACTS

Viewed in light most favorable to the verdict, the facts adduced at trial are as follows: Defendant and Victim were married for seven years. The couple began having marital problems in August 1997 after Defendant accused Victim of having sexual relations with friends and co-workers. Defendant began to repeatedly waken Victim in the middle of the night accusing her of extramarital affairs and demanding that she confess. One night in August, Defendant told Victim that he was sick of the affairs and that he was "going to break [her] neck and...throw [her] down the basement stairs."

Defendant's accusations and threats were followed by apologies that somewhat settled Victim's fears. The accusations did not cease, however. One weekend, Victim's friend, Monica, was staying with the couple. Defendant told Victim he knew that Victim and Monica were sleeping together. He then said, "I'm going to sleep with both you and Monica...this has been my fantasy and you owe it to me." The two argued about the issue the next day, and Defendant repeatedly accused Victim of the affairs. Defendant then got a can of black spray paint and painted "fag" in letters three feet tall on the side of Victim's van. Victim fled to her parents' house with her children and called the police. The next day, she obtained an ex parte order of protection. By the terms of the order, Defendant could not harass Victim nor enter their home.

Defendant began parking across the street from Victim's house at night and sleeping in his truck. Defendant violated the terms of the order for the first time when he entered the house and stole jewelry while Victim was gone. The following day, Defendant was arrested for both violating the protective order and for felony stealing after he took a cellular phone out of Victim's van while it was parked in Victim's driveway. Defendant later made false reports about Victim to the Division of Family Services and to her manager at work, telling him that she was selling company secrets.

Victim filed for divorce on August 25, 1997. Appellant then inundated Victim with apologies, gifts, and excuses for his behavior blaming it on medication that he had been taking. However, the accusations began again after Victim had Debbie, a friend, stay with her for a weekend in September. Defendant, who was still sleeping in his truck across the street, called Victim and accused her of having an affair and said that he had videotaped her having sex with Debbie. Victim phoned the police again after Defendant entered the property in violation of the protection order. He left before the police arrived.

On another occasion, Defendant persuaded Victim to allow him to take a shower in the house. Victim waited with their son outside. The next day, Victim found three listening devices in the kitchen, her bedroom, and the spare bedroom. Victim obtained a full order of protection. Private investigators later found another recording device in the garage that was wired into the phone line and a tape of Victim's telephone conversations.

Later, Defendant's attorney arranged for Defendant to collect his things from the house. Victim left the house after Defendant did not arrive at the scheduled time. She returned home to find Defendant standing in the garage. Defendant said that the judge had told him he could get anything that he wanted out of the house and started ranting about Victim stealing his recorder that he had been using to tape her conversations. Victim called the police again, and Defendant fled before they arrived. Victim and her family discovered more recording devices after this incident.

In October and November, Defendant changed his strategy. He began following Victim to work, calling her on her cellular phone, and stopping his car in the middle of the road outside her workplace and repeatedly screaming "I love you!" Defendant also moved into an apartment building adjacent to Victim's house so that he could, "...go outside and scream [']I love you, Laura[']..."

According to court order, Victim and Defendant exchanged custody of their son at Victim's mother's residence. Defendant requested that Victim bring his guns to the next exchange. When Victim refused, Defendant said, "I can go in the City and get a gun for a hundred dollars." At another exchange, Defendant told Victim that when the divorce was final he would destroy everyone that had anything to do with the divorce and then kill himself. Victim later made a police report of the incident and arranged for officers to be present the next time she had to pick up her son from visitation. At the next visitation, Defendant walked up to Victim's car before the police arrived and pressed a piece of paper against her window that read, "I am the ax murderer. If you fuck with me one more time, I will kill you." The police arrived and told Victim to leave. Victim reported the incident to the police as soon as she arrived home.

Victim found Defendant in her basement the night after Christmas. She screamed, locked the door to the basement, ran out into the street with her phone and called the police. Defendant fled before the police arrived. Defendant had been in the house all night listening to Victim through a furnace vent. Later, Victim found one of her nightgowns in the basement. It had been shredded with a knife or razor. Police arrested Defendant shortly thereafter.

At trial, Defendant presented no evidence; and the jury found Defendant guilty of aggravated stalking. Defendant was sentenced to serve five months in the St. Charles County Jail. Defendant timely filed this appeal.

ANALYSIS
I. SUFFICIENCY OF THE EVIDENCE

In his first point on appeal, Defendant challenges the sufficiency of the evidence in support of his conviction for aggravated stalking. Specifically, Defendant argues that the State did not adduce sufficient evidence to support the jury's finding that Defendant made a credible threat against the life of Victim or to cause physical injury to Victim or that Defendant acted with the intent to place Victim in reasonable fear of death or serious physical injury.

This Court does not act as a super juror with veto powers when reviewing the sufficiency of the evidence to support a criminal conviction. State v. Chaney, 967 S.W.2d 47, 52 (Mo. banc 1998) cert. denied, 119 S.Ct. 551 (1998). In fact, we owe great deference to the trier of fact. Id. We do not ask ourselves whether we believe that the evidence at trial established guilt beyond a reasonable doubt. Id. Rather, we ask whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Id. Applying this analysis to the case at bar, we find that a rational trier of fact could have found Defendant...

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  • State v. Overton
    • United States
    • Missouri Court of Appeals
    • June 30, 2008
    ...objections, however, were not made at trial. An appellant cannot broaden or change allegations of error on appeal. State v. Cartwright, 17 S.W.3d 149, 154 (Mo. App.2000). The point raised on appeal must be based upon the same objection that was made at trial and preserved in the motion for ......
  • State v. Bowens
    • United States
    • Missouri Court of Appeals
    • March 27, 2018
    ...counsel on the eve of trial, nor is the court obligated to force appointed counsel to assist the new counsel." State v. Cartwright , 17 S.W.3d 149, 154 (Mo. App. E.D. 2000) (citing Crider , 451 S.W.2d at 827 ).Furthermore, multiple Missouri courts have held that where a defendant’s motion f......
  • State v. Greer
    • United States
    • Missouri Court of Appeals
    • February 1, 2005
    ...and do not ask ourselves whether we believe that the evidence at trial established guilt beyond a reasonable doubt. State v. Cartwright, 17 S.W.3d 149, 152 (Mo.App. E.D.2000). Instead, the question is whether "any rational trier of fact could have found the essential elements of the crime b......
  • State v. Schuster, 24461.
    • United States
    • Missouri Court of Appeals
    • January 13, 2003
    ...had done so at his home. In addition, the videotape was present at the hearing and was admitted in evidence. In State v. Cartwright, 17 S.W.3d 149, 153-54 (Mo.App. E.D.2000), the court held the trial court did not abuse its discretion in denying a motion for continuance where the defendant ......
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