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In re J.T.

Court of Appeals of Missouri, Eastern District, Fourth Division

October 28, 2014

IN THE INTEREST OF: J.T., Minor

Page 213

Appeal from the Circuit Court of the City of St. Louis. 1322-JU00125. Honorable David C. Mason.

ROBERT M. CLAYTON III, Judge. Patricia L. Cohen, P.J., and Roy L. Richter, J., concur.

OPINION

Page 214

ROBERT M. CLAYTON III, Judge

Minor J.T. appeals the judgment of the Circuit Court of the City of St. Louis, entered after an adjudication hearing,[1] finding her guilty of second-degree assault. We reverse the judgment and order J.T. discharged.

I. BACKGROUND

On February 2, 2013, multiple girls, including J.T., attacked the victim, A.C. J.T. was charged by second amended petition (" petition" ) with committing the offense of second-degree assault, pursuant to section 565.060.1(2) RSMo Supp. 2007,[2] by knowingly causing physical injury to A.C. by means of a dangerous instrument, by hitting and kicking her repeatedly about the head, neck and upper body. [3] An adjudication hearing was held on June 21, 2013 and July 19, 2013.

After the close of the evidence, the trial court found J.T. guilty of second-degree assault, specifically finding J.T. guilty under section 565.060.1(3), by recklessly causing serious physical injury to A.C. The trial court sentenced J.T. to supervised probation and forty hours of community service. J.T. appeals.

II. DISCUSSION

A. Standard of Review

Juvenile proceedings are court-tried proceedings, and our review is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). In re J.A.H., 293 S.W.3d 116, 119 (Mo. App. E.D. 2009). Specifically, we will affirm a trial court's judgment unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously

Page 215

declares the law, or unless it erroneously ...


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