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In re T.P.B.

Court of Appeals of Missouri, Eastern District, Fifth Division

September 9, 2014

IN THE INTEREST OF: T.P.B. Minor,

Page 178

Appeal from the Circuit Court of the City of St. Louis. Honorable David C. Mason.

FOR APPELLANT: Amanda Page Faerber, St. Louis, Missouri.

FOR RESPONDENT: Carolyn Whitehorn, Margaret Gangle-Casinger -- (co-counsel), St. Louis, Missouri.

Glenn A. Norton, J., and Gloria C. Reno, Sp. J., concur.

OPINION

Lisa S. Van Amburg, Presiding Judge.

Page 179

I. INTRODUCTION

Minor T.P.B. appeals the judgment of the Juvenile Division of the Circuit Court of the City of St. Louis finding her guilty of Assault in the Second Degree, section 565.060.1(3), R.S.Mo. (Cum. Supp. 2007). On appeal, T.P.B. argues that the juvenile court erred by finding her guilty of " [r]ecklessly caus[ing] serious physical injury to another person," section 565.060.1(3), when the petition charged her with " knowingly caus[ing] physical injury to another person by means of a . . . dangerous instrument," section 565.060.1(2), R.S.Mo. (Cum. Supp. 2007).[1] In addition,

Page 180

T.P.B. argues that there was insufficient evidence that she actually participated in the charged assault. We reverse the juvenile court's judgment and order that T.P.B. be discharged.

II. FACTS

Viewed in a light most favorable to the judgment, In re A.G.R., 359 S.W.3d 103, 108 (Mo. App. W.D. 2011), the following facts were adduced at trial. On the afternoon of February 2, 2013, victim A.C. and a friend took a bus across town to a house of a girl they knew from middle school. When they knocked on the door, T.P.B. and three other girls answered. One of the girls told A.C. to " [g]et off [her] porch," whereafter A.C. left the porch and began walking away from the house. T.P.B. and the three girls then followed A.C. down the sidewalk and " jumped" her. As a result of ...


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