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State v. Miller

Court of Appeals of Missouri, Southern District, First Division

October 21, 2014

STATE OF MISSOURI, Respondent,
v.
RICHARD A. MILLER, Appellant

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY. Honorable Tracy L. Storie, Circuit Judge.

For Appellant's Attorney: Emmett D. Queener, of Columbia, Missouri.

For Respondent's Attorney: Chris Koster, Attorney General and Todd T. Smith, Assistant Attorney General, of Jefferson City, Missouri.

WILLIAM W. FRANCIS, JR., C.J./P.J. - OPINION AUTHOR. JEFFREY W. BATES, J., - Concurs. DANIEL E. SCOTT, J. - Concurs in Separate Opinion.

OPINION

WILLIAM W. FRANCIS, JR., C.J./P.J.

Page 332

Richard A. Miller (" Miller" ) appeals from the trial court's judgment challenging the sufficiency of the evidence to support his original conviction of two counts of first-degree involuntary manslaughter, in violation of section 565.024.[1] Finding no merit to Miller's claims, we affirm the judgment and sentence of the trial court.

Facts and Procedural History

Following a jury trial, Miller was convicted of two counts of first-degree involuntary manslaughter. The trial court suspended imposition of sentence and Miller was placed on probation for a term of five years. After subsequent convictions for driving with a revoked license, domestic assault, and drug possession, the State filed a " Motion to Revoke Probation" on August 9, 2012. At a probation violation hearing on December 5, 2012, the parties stipulated that the State had filed a timely motion to revoke probation, and there was a clear manifestation by the State of intent to revoke Miller's probation. At that hearing, Miller admitted the violations of his probation. The trial court then ordered a sentencing assessment report be completed.

On February 6, 2013, the trial court imposed sentences of five years on each count of involuntary manslaughter with the sentences to run consecutively. On June 10, 2013, Miller was granted leave by this Court to file a late notice of appeal and granted permission to proceed in forma pauperis.

Miller appeals from the judgment challenging the sufficiency of the evidence to support his original conviction of two

Page 333

counts of first-degree involuntary manslaughter.

We review the facts in the light most favorable to the verdict. State v. Belton, 153 S.W.3d 307, 309 (Mo. banc 2005). On December 25, 2004, at approximately 1:15 p.m., Miller was driving a black pickup truck southbound on a two-lane stretch of Highway 63 outside of Rolla. Miller was familiar with the area and had previously driven on this stretch of Highway 63. Miller did not particularly like driving on Highway 63 because it was so narrow and made him nervous. In the past, Miller had been forced to pull over onto the shoulder when he encountered ...


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