Court of Appeals of Missouri, Eastern District, Fifth Division
Appeal from the Circuit Court of the City of St. Louis. Honorable David C. Mason.
FOR APPELLANT: Mae C. Quinn, 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.
Lisa S. Van Amburg,
Minor J.L.T. 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, J.L.T. 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). In addition, J.L.T. argues that there was insufficient evidence that she actually participated in the charged assault. We reverse the juvenile court's judgment and order that J.L.T. be discharged.
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 the house of J.L.T. When they knocked on the door, J.L.T. 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. J.L.T. and the three girls then followed A.C. down the sidewalk and " jumped" her. As a result of several kicks and punches which she weathered during the attack, A.C. suffered bruising, small cuts to her lip, and a concussion.
III. STANDARD OF REVIEW
" Juvenile proceedings are reviewed under the same standard as any other court-tried case." In re T.B., 351 S.W.3d 243, 244 (Mo. App. E.D. 2011). We affirm the juvenile court's judgment " unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously ...