State v. Stiegler, No. 25640.
Court | Court of Appeal of Missouri (US) |
Writing for the Court | Robert S. Barney |
Citation | 129 S.W.3d 1 |
Parties | STATE of Missouri, Respondent, v. Steven STIEGLER, Appellant. |
Decision Date | 19 March 2003 |
Docket Number | No. 25640. |
v.
Steven STIEGLER, Appellant.
Nancy A. McKerrow, Columbia, for appellant.
Jeremiah W. (Jay) Nixon, atty. Gen., and Leslie E. McNamara, Jefferson City, for Respondent.
ROBERT S. BARNEY, Presiding Judge.
Steven Stiegler ("Appellant") appeals the trial court's denial of his Motion for New Trial or, in the Alternative, For Judgment of Acquittal. Appellant was convicted by a jury of voluntary manslaughter, § 565.023; assault in the second degree, § 565.060; and two counts of armed criminal action, § 571.015.1 He was sentenced to
a total of 22 years' imprisonment. On appeal, Appellant argues that the trial court erred in denying his motion for judgment of acquittal because there was insufficient evidence from which the jury "could have reached a `subjective state of near certitude'" that he had the necessary mens rea for the crimes charged. We affirm.
Viewing the evidence in the light most favorable to the verdict, see State v. Bryan, 60 S.W.3d 713, 716 (Mo.App.2001), the record reveals that on August 28, 2001, Appellant and several acquaintances spent the evening drinking at a local bar. At closing time, the group decided to continue drinking at Appellant's apartment, which he shared with his girlfriend, Lisa Frey ("Frey").2 After arriving at the apartment, they continued to drink, several of them admittedly becoming quite intoxicated; marijuana was freely distributed. Thereafter, Appellant and Frey had a disagreement in the bathroom, which resulted in Appellant slapping Frey across the face. Emerging from the bathroom with her hand covering her face, Frey told the group that Appellant hit her. Appellant followed Frey into the living room and told everyone to leave.
In an effort to remove Frey from the situation with Appellant, Kenny Chase ("Chase"), who was temporarily staying with Frey and Appellant, took Frey out onto the second-floor walkway ("the balcony"). They remained on the balcony for several minutes with Twyla Sawyer ("Sawyer"), Ronnie Ice ("Ice"), and Ronnie Davault ("Davault"), as Frey cursed and yelled at Appellant. Frey then kicked at the apartment door, and Appellant opened the door. After Appellant emerged from the apartment, Ice told Appellant that he should never "hit a woman." Appellant swung at Ice, and Ice punched Appellant in the face. Chaos then erupted as a fight ensued between Appellant and Ice as well as between Chase and Davault. Frey testified that, at some point, she jumped into the melee in an effort to get Ice off of Appellant, but she was knocked down and ultimately lost consciousness.
Davault told Ice that they needed to get away before someone called the police. As Davault and Ice turned toward the stairway to leave, Appellant came at Ice again and punched him in the stomach. The fight was renewed and during the scuffle Appellant stabbed Davault under his arm. Davault then made his way to the stairs, knowing that the rest of the group was waiting for them in the parking lot. As he started toward the parking lot, Davault heard Ice yelling. Davault went back up the stairs and saw Appellant standing over Ice stabbing him repeatedly. Davault knocked Appellant down and "got ahold of [Ice]" and had started down the stairs when Appellant stabbed Davault again.
Thereafter, Appellant threw the knife over the balcony and he and Chase fled the scene.
Meanwhile, Davault and Ice reached the parking lot and their friends called the police. When the police arrived, they discovered that both Ice and Davault were badly injured and that Frey had also been stabbed once. Davault told police that Appellant had stabbed him and Ice.
Appellant returned to the scene a short time later, was taken to the hospital, and was later arrested.
Ice died from his wounds the following morning, having been stabbed a total of seven times, including twice in the right
thigh, twice in the groin, and once in the chest. Davault suffered a punctured lung, a cut artery, and a severed nerve, which led to permanent numbness in an arm and its fingers. Frey received a stab wound on her left buttock at the small of her hip.
Testifying in his own defense, Appellant asserted that Ice hit him first and that, thereafter, both Davault and Ice were attacking him at the same time. Appellant testified that he believed that they "could kill [him]," so he pulled his pocketknife out and stabbed Ice. He stated, "[Ice] kept hitting me, so I just kept stabbing until he was either pulled off of me or he fell off of me." Appellant testified that he wasn't trying to kill Ice, but that he "was afraid" and that he "didn't know what was going to happen...."
This Court's review of Appellant's challenge to the evidence is limited to a determination of whether there was sufficient evidence from which a reasonable juror might have found the...
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State v. Fraga, No. 26709.
...intent is rarely available, intent to cause physical injury is most often proven by circumstantial evidence. State v. Stiegler, 129 S.W.3d 1, 4 (Mo.App.2003); State v. Mann, 129 S.W.3d 462, 466 (Mo.App.2004); State v. Burton, 863 S.W.2d 16, 17 (Mo.App.1993). Furthermore, "[a] defendant's me......
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State v. Manley, No. WD 66609.
...evidence of the defendant's intent is rarely available, and intent is most often proven by circumstantial evidence." State v. Stiegler, 129 S.W.3d 1, 4 223 S.W.3d 891 (Mo.App. S.D.2003) (citing State v. Agee, 37 S.W.3d 834, 837 (Mo.App. S.D.2001)). A jury can infer the necessary intent from......
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State v. Miller, No. 26164.
...and the effects of conflicts or inconsistencies in the testimony of any witness Page 855 are questions for the jury. State v. Stiegler, 129 S.W.3d 1, 5 (Mo.App. The trial court has broad discretion in the admission or exclusion of evidence at trial. State v. Bryan, 60 S.W.3d 713, 718 (Mo.Ap......
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State v. Byrd, No. ED 97826.
...(quotation omitted). “It will be presumed that a person intends the natural and probable consequences of his acts.” State v. Stiegler, 129 S.W.3d 1, 4 (Mo.App. S.D.2003) (quotation omitted). “A person is presumed to have intended that death follow acts which are likely to produce that resul......
-
State v. Fraga, No. 26709.
...intent is rarely available, intent to cause physical injury is most often proven by circumstantial evidence. State v. Stiegler, 129 S.W.3d 1, 4 (Mo.App.2003); State v. Mann, 129 S.W.3d 462, 466 (Mo.App.2004); State v. Burton, 863 S.W.2d 16, 17 (Mo.App.1993). Furthermore, "[a] defendant's me......
-
State v. Manley, No. WD 66609.
...evidence of the defendant's intent is rarely available, and intent is most often proven by circumstantial evidence." State v. Stiegler, 129 S.W.3d 1, 4 223 S.W.3d 891 (Mo.App. S.D.2003) (citing State v. Agee, 37 S.W.3d 834, 837 (Mo.App. S.D.2001)). A jury can infer the necessary intent from......
-
State v. Miller, No. 26164.
...and the effects of conflicts or inconsistencies in the testimony of any witness Page 855 are questions for the jury. State v. Stiegler, 129 S.W.3d 1, 5 (Mo.App. The trial court has broad discretion in the admission or exclusion of evidence at trial. State v. Bryan, 60 S.W.3d 713, 718 (Mo.Ap......
-
State v. Byrd, No. ED 97826.
...(quotation omitted). “It will be presumed that a person intends the natural and probable consequences of his acts.” State v. Stiegler, 129 S.W.3d 1, 4 (Mo.App. S.D.2003) (quotation omitted). “A person is presumed to have intended that death follow acts which are likely to produce that resul......