State v. Jackson, s. 59669

Citation865 S.W.2d 678
Decision Date09 February 1993
Docket Number61883,Nos. 59669,s. 59669
PartiesSTATE of Missouri, Respondent, v. Anthony JACKSON, Appellant. Anthony JACKSON, Appellant, v. STATE of Missouri, Respondent.
CourtCourt of Appeal of Missouri (US)

Emily Blood, St. Louis, for appellant.

William L. Webster, Atty. Gen., Michael J. Spillane, Asst. Atty. Gen., Jefferson City, for respondent.

CRIST, Judge.

Defendant appeals his conviction for one count of robbery in the first degree, two counts of burglary in the first degree, one count of felonious restraint, one count of murder in the second degree, one count of kidnapping, and three counts of armed criminal action.

The charges in this case arose out of two separate incidents. The first incident occurred on September 30, 1989 at approximately 9:30 p.m. At that time, Defendant tricked his way into the house of Anna Toland, a 60-year-old woman confined to a wheelchair, by misidentifying himself as her neighbor. Defendant pushed Toland's wheelchair into the bathroom and locked the door so she was unable to get out. He then stole several items of jewelry, watches, coins, and two television sets.

The second incident occurred on October 3, 1989. Defendant then entered the home of Oscar Clendening, a 78-year-old man. Defendant obtained a knife from the kitchen and ordered Clendening into his bedroom. Defendant then used a telephone cord to bind the wrists of Clendening and also gagged him with a piece of T-shirt. Defendant then stole $18, some miscellaneous papers, and Clendening's car. Clendening was discovered the next day by his neighbor after he fell down a flight of stairs. He later died from complications caused by the restraint. Defendant later confessed on tape he had committed the crimes.

Ten charges were filed against Defendant in connection with the two incidents. The Defendant did not testify and presented no evidence in his own defense. A jury convicted him of nine of the ten charges and he was sentenced to life imprisonment plus 30 years plus 15 years plus three terms of three years each. The sentences were to run consecutively. Defendant appealed. He also filed a Rule 29.15 motion for postconviction relief, which the motion court denied after an evidentiary hearing. Defendant also appeals that denial. Both appeals were consolidated.

Defendant first alleges the trial court erred in denying his motion to quash the jury panel or disallow the prosecutor's peremptory strikes of three African-American venirepersons. At trial, Defendant made a timely Batson objection to said strikes. The trial court denied Defendant's challenge because three blacks remained on the jury panel. The trial court did err in failing to require the prosecutor to state his race-neutral reasons for the strikes and in failing to consider those reasons in its determination of whether the prosecutor exercised his strikes in a discriminatory manner. State v. Parker, 836 S.W.2d 930, 939 (Mo. banc 1992); and State v. Antwine, 743 S.W.2d 51, 64 (Mo. banc 1987). Therefore, we must remand to the trial court for an evidentiary hearing at which the court must require the prosecutor to state his reasons for the use of his peremptory strikes. The court should also follow the guidelines set forth in Parker to determine whether the prosecutor's strikes were racially motivated. Parker, 836 S.W.2d at 939-40[12-14].

Defendant's second point on appeal is the trial court erred in denying his motions for judgment of acquittal made at the close of the State's case and at the close of all the evidence. Defendant argues there was insufficient evidence to show he committed three counts of armed criminal action in connection with his entrance to Clendening's home. Our review is limited to whether sufficient evidence appears in the record "to permit the rational trier of fact to return a verdict of guilty...." State v. Dudley, 809 S.W.2d 40, 44 (Mo.App.1991). Furthermore, we must review the evidence in the light most favorable to the verdict. Id.

A person has committed the crime of armed criminal action if he or she commits a felony "by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon...." § 571.015, RSMo 1986. Defendant asserts the State failed to show he used a deadly weapon or dangerous instrument to aid him in commission of a felony. He argues the steak knife, the telephone cord used to tie up Clendening, and the gag were not used in such a way to fall within the definition of deadly weapon or dangerous instrument. None of the alleged items is a deadly weapon. However, a dangerous instrument is defined as "any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury." § 556.061(9), RSMo Supp.1992. To determine whether an object is a dangerous instrument we must look to its use under the circumstances. § 556.061(9); State v. Terrell, 751 S.W.2d 394, 395 (Mo.App.1988). A knife used in a threatening manner is a dangerous instrument. State v. Schuler, 838 S.W.2d 19, 20-21 (Mo.App.1992); and State v. Gott, 784 S.W.2d 344, 346 (Mo.App.1990). Evidence adduced regarding the knife alone was sufficient to permit the jury to find Defendant guilty of armed criminal action. Officer Linn Laird testified that during his initial interview, Defendant confessed to obtaining a steak knife from the kitchen and using it to force Clendening into the bedroom. Officer Terence Miller testified he seized the knife from Clendening's bedroom. Point denied.

Defendant also argues the trial court erred in denying...

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8 cases
  • State v. Ware
    • United States
    • Court of Appeal of Missouri (US)
    • November 16, 2010
    ...robbery is a class A felony. § 569.020.2. "A knife used in athreatening manner is a dangerous instrument." State v. Jackson, 865 S.W.2d 678, 680 (Mo.App.1993). Victim's testimony provided sufficient evidence from which the jury could find Defendant guilty beyond a reasonable doubt of armed ......
  • Drisdel v. Lewis
    • United States
    • U.S. District Court — Eastern District of Missouri
    • March 31, 2021
    ...with a knife, which is armed criminal action. See State v. Ware, 326 S.W.3d 512, 517 (Mo. Ct. App. 2010) (quoting State v. Jackson, 865 S.W.2d 678, 680 (Mo. Ct. App. 1993)). This Court finds that the Missouri Court of Appeals decision in this regard was neither contrary to, nor involved an ......
  • State v. Davis, WD
    • United States
    • Court of Appeal of Missouri (US)
    • March 14, 1995
    ...Batson proceeding. Apparently, the court had been provided an advance sheet of the Eastern District's opinion in State v. Jackson, 865 S.W.2d 678 (Mo.App.1993), requiring the trial court to consider the justifications given in determination of whether the prosecutor exercised his strikes in......
  • State v. Cole
    • United States
    • Court of Appeal of Missouri (US)
    • November 17, 2004
    ..."[t]o determine whether an object is a dangerous instrument we must look to its use under the circumstances." State v. Jackson, 865 S.W.2d 678, 680 (Mo.App.1993). ...
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