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State v. Martin

Court of Appeals of Missouri, Southern District, First Division

March 23, 2015

STATE OF MISSOURI, Respondent,
v.
JORDAN LEE MARTIN, Appellant

Page 566

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY. Honorable Thomas E. Mountjoy, Judge.

For Appellants: Damien De Loyola.

For Respondents: Chris Koster & Adam Rowley.

DANIEL E. SCOTT, J. -- OPINION AUTHOR. JEFFREY W. BATES, J. -- CONCURS. WILLIAM W. FRANCIS, JR., PJ/CJ. -- CONCURS.

OPINION

Page 567

DANIEL E. SCOTT, J.

Jordan Martin (Defendant) appeals his first-degree murder conviction, raising one point that fails on the merits and two unpreserved claims we do not reach.

Background

Defendant does not dispute the sufficiency of the evidence. The state's theory had Kody Ray running with a group of troublemakers led by Defendant. After an incident where Defendant was arrested but Ray was not, Defendant labeled Ray a " snitch" and vowed to shoot him or have him shot.

A month later, Defendant drove group-member Duke to Ray's house. Duke went up to the porch, dispatched Ray with two bullets to the head, returned to the car, and the two men fled.

A jury found Defendant guilty of first-degree murder. The state waived the death penalty. Defendant was sentenced to life without parole as the remaining option under § 565.020.[1]

Motion to Transfer

Preliminarily, we reject Defendant's request to transfer his appeal to our supreme court in light of Point I's plain-error ...


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