State v. Ransburg, No. SC 95629
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | Zel M. Fischer, Judge |
| Citation | 504 S.W.3d 721 |
| Parties | STATE of Missouri, Respondent, v. Phillip Lamont RANSBURG, Appellant. |
| Docket Number | No. SC 95629 |
| Decision Date | 20 December 2016 |
504 S.W.3d 721
STATE of Missouri, Respondent,
v.
Phillip Lamont RANSBURG, Appellant.
No. SC 95629
Supreme Court of Missouri, en banc .
Opinion issued December 20, 2016
Ransburg was represented by Nancy A. McKerrow of the public defender's office in Columbia.
The state was represented by Colette Neuner of the attorney general's office in Jefferson City.
Zel M. Fischer, Judge
Phillip Lamont Ransburg was found guilty in a court-tried case of second-degree assault and armed criminal action. On appeal, Ransburg argues the circuit court erred in overruling his motion for judgment of acquittal at the close of evidence and entering judgment against him because the State did not present sufficient evidence that he attempted to cause physical injury by means of a dangerous instrument. The circuit court's judgment is affirmed.
Standard of Review
"In reviewing the sufficiency of the evidence in a court-tried criminal case, the appellate court's role is limited to a determination of whether the [S]tate presented sufficient evidence from which a trier of fact could have reasonably found the defendant guilty." State v. Vandevere , 175 S.W.3d 107, 108 (Mo. banc 2005). "The evidence and all reasonable inferences therefrom are viewed in the light most favorable to the verdict, disregarding any evidence and inferences contrary to the verdict." State v. Belton , 153 S.W.3d 307, 309 (Mo. banc 2005).
Facts
One evening, Ransburg went to his ex-girlfriend's trailer, which was occupied by his ex-girlfriend, another man (the ex-girlfriend's new fiancé), and the ex-girlfriend's daughter. At the time, Ransburg carried a long stick with him that was similar to a broom stick. Finding the trailer locked, he kicked in the door and, once inside, charged at the other man "like a football player would to hit another attacker" while holding the stick in both hands with his clenched fists facing the other man. The man, however, escaped by running into the bedroom, and Ransburg turned his attention to his ex-girlfriend, grabbing her wrist and attempting to pull her out of the trailer. When she resisted, he punched her in the face before running out of the trailer with his stick.
Among other charges, the State charged Ransburg with second-degree assault and
armed criminal action for his actions taken against the man.1 Ransburg waived his right to a jury trial. After overruling Ransburg's motion for judgment of acquittal at the close of the State's evidence and again at the close of all evidence, the circuit court found Ransburg guilty of all charges. The court sentenced Ransburg to concurrent terms of seven-years' imprisonment for second-degree assault and five-years' imprisonment for armed criminal action. Ransburg appealed, and, after an opinion by the court of appeals, this Court transferred the case pursuant to article V, § 10 of the Missouri Constitution.
Analysis
In his first point on appeal, Ransburg argues the circuit court erred in overruling...
To continue reading
Request your trial
-
State v. Michaud, No. SC 97658
...underlying offense, and (2) the doing of an act which is a substantial step toward the commission of that offense." State v. Ransburg , 504 S.W.3d 721, 723 (Mo. banc 2016) (quoting State v. Withrow , 8 S.W.3d 75, 78 (Mo. banc 1999) ); see also Rice , 504 S.W.3d at 202 ; State v. Fleis , 319......
-
State v. Schelsky, No. ED 106921
...to cause serious physical injury, the defendant must take a substantial step toward achieving a purpose to do so. State v. Ransburg, 504 S.W.3d 721, 723 (Mo.banc 2016) (citing § 564.011). A "substantial step" is "conduct which is strongly corroborative of the firmness of the actor’s purpose......
-
State v. Ahart, No. ED 108016
...the elements of the offense beyond a reasonable doubt. State v. Conner , 583 S.W.3d 102, 107 (Mo. App. E.D. 2019) ; State v. Ransburg , 504 S.W.3d 721, 722 (Mo. banc 2016) (applying standard of review in court-tried case). We consider all the evidence and reasonable inferences therefrom in ......
-
State v. Jones, No. ED 103677
...driving the SUV. Section 564.011 governs all attempt crimes, including attempt-based assault in Section 565.060.1(2). State v. Ransburg , 504 S.W.3d 721, 723 (Mo. banc 2016) (quoting Williams , 126 S.W.3d at 381 ). Attempt has only two elements: "(1) defendant has the purpose to commit the ......
-
State v. Michaud, No. SC 97658
...underlying offense, and (2) the doing of an act which is a substantial step toward the commission of that offense." State v. Ransburg , 504 S.W.3d 721, 723 (Mo. banc 2016) (quoting State v. Withrow , 8 S.W.3d 75, 78 (Mo. banc 1999) ); see also Rice , 504 S.W.3d at 202 ; State v. Fleis , 319......
-
State v. Schelsky, No. ED 106921
...to cause serious physical injury, the defendant must take a substantial step toward achieving a purpose to do so. State v. Ransburg, 504 S.W.3d 721, 723 (Mo.banc 2016) (citing § 564.011). A "substantial step" is "conduct which is strongly corroborative of the firmness of the actor’s purpose......
-
State v. Ahart, No. ED 108016
...the elements of the offense beyond a reasonable doubt. State v. Conner , 583 S.W.3d 102, 107 (Mo. App. E.D. 2019) ; State v. Ransburg , 504 S.W.3d 721, 722 (Mo. banc 2016) (applying standard of review in court-tried case). We consider all the evidence and reasonable inferences therefrom in ......
-
State v. Jones, No. ED 103677
...driving the SUV. Section 564.011 governs all attempt crimes, including attempt-based assault in Section 565.060.1(2). State v. Ransburg , 504 S.W.3d 721, 723 (Mo. banc 2016) (quoting Williams , 126 S.W.3d at 381 ). Attempt has only two elements: "(1) defendant has the purpose to commit the ......