State v. Waggoner, WD 75487.

Citation425 S.W.3d 140
Decision Date29 April 2014
Docket NumberNo. WD 75487.,WD 75487.
CourtCourt of Appeal of Missouri (US)
PartiesSTATE of Missouri, Respondent, v. Lance C. WAGGONER, Appellant.

OPINION TEXT STARTS HERE

Appeal from the Circuit Court of Linn County, Missouri, Gary E. Ravens, Judge.

Karen L. Kramer, Jefferson City, MO, for respondent.

Amy M. Bartholow, Columbia, MO, for appellant.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, LISA WHITE HARDWICK, Judge and GARY D. WITT, Judge.

ORDER

PER CURIAM:

Lance C. Waggoner was convicted by a jury in the Circuit Court of Linn County of one count of unlawful use of a weapon, a class D felony under section 571.030.1(4), and was sentenced by jury to four years in prison. Waggoner appealed, alleging that the trial court committed plain error in (1) submitting a verdict director which describes a different crime than the one with which he was charged and allowing argument on the same, (2) denying his motion for acquittal because there was insufficient evidence to convict him, and (3) admitting prejudicial evidence of his wife's physical condition upon the arrival of the police because he was not charged with assaulting his wife. We affirm. Rule 30.25(b). A memorandum explaining our decision has been provided to the parties.

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5 cases
  • Waggoner v. State
    • United States
    • Court of Appeal of Missouri (US)
    • March 20, 2018
    ...to a term of four years' imprisonment. We affirmed Waggoner's conviction and sentence on direct appeal. See State v. Waggoner , 425 S.W.3d 140 (Mo. App. W.D. 2014).On July 29, 2014, Waggoner filed a timely pro se motion for post-conviction relief under Rule 29.15, which asserted thirty-two ......
  • Gabriel v. St. Joseph, LLC
    • United States
    • Court of Appeal of Missouri (US)
    • April 29, 2014
    ...Id. “In a sense, substantive laws create rights; procedural laws provide remedies.” Id. (citation omitted). Here, costs are a form of [425 S.W.3d 140]remedy and thus the rule is procedural. See State v. Arteaga, 304 S.W.3d 296, 298, n. 2 (Mo.App.W.D.2010) (stating that “where the only quest......
  • Dewalt v. Davidson Surface Air & Donald Davidson, ED 101245.
    • United States
    • Court of Appeal of Missouri (US)
    • December 23, 2014
    ...of encouraging settlement when there is evidence before it regarding the particular settlement efforts in that case. See Gabriel, 425 S.W.3d at 140 (rule regarding offers of judgment implicated only when offer of judgment made); see also Charles v. Daley, 846 F.2d 1057, 1072–73 (7th Cir.198......
  • Dewalt v. Davidson Surface Air & Donald Davidson
    • United States
    • Court of Appeal of Missouri (US)
    • September 23, 2014
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