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State v. Wilder

Court of Appeals of Missouri, Southern District, First Division

January 16, 2015

STATE OF MISSOURI, Respondent,
v.
WILLIAM WILDER, Appellant

APPEAL FROM THE CIRCUIT COURT OF WRIGHT COUNTY. Honorable R. Craig Carter, Circuit Judge.

REVERSED AND REMANDED WITH DIRECTIONS.

For Appellant: Matthew A. Radefeld, of St. Louis, Missouri.

For Respondent: Chris Koster, Attorney General and Richard A. Starnes, 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.

OPINION

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

William Wilder (" Wilder" ) appeals his conviction of the class C felony of failure to register as a sex offender, in violation of sections 589.400 and 589.425.[1] Wilder presents two points on appeal. Finding merit to Wilder's first point, we reverse the judgment and remand with directions.

Factual and Procedural Background

On October 22, 2010, Wilder was charged by information with the class C felony of knowingly failing to register as a sex offender (Count I), in violation of sections 589.400 and 589.425; and the class C felony of sexual assault (Count II), in violation of section 566.040.

On July 18, 2011, the State filed a motion to sever Counts I and II. On March 20, 2012, the trial court entered an order setting Count I for a bench trial, with the case to be tried on the submission of a stipulation of facts and briefs. Count II was severed and was to be set for a jury trial at a later date.

Page 355

The parties then filed a " Stipulation of Facts" which read:

1. Records from the State of California show that the defendant, William Wilder, was arrested by the Los Angeles Police Department ...

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