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State v. White

Court of Appeals of Missouri, Southern District, Second Division

March 31, 2015

STATE OF MISSOURI, Plaintiff-Respondent,
v.
CLYDE CLEVELAND WHITE, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY. Honorable Michael J. Cordonnier, Circuit Judge.

AFFIRMED.

ELLEN H. FLOTTMAN, Columbia, MO, for Appellant.

GREGORY L. BARNES, Jefferson City, MO, for Respondent.

DON E. BURRELL, J. - OPINION AUTHOR. NANCY STEFFEN RAHMEYER, J. - CONCURS. GARY W. LYNCH, J. - CONCURS.

OPINION

Page 338

DON E. BURRELL, J.

A jury found Clyde Cleveland White (" Defendant" ) guilty of armed criminal action and unlawful use of a weapon. See sections 571.015 and 571.030.[1] The trial court sentenced Defendant to concurrent, 15-year terms on each count. In two points, Defendant claims: (1) his convictions violate his constitutional right to be free from double jeopardy; and (2) the trial court plainly erred in overruling his trial objection to a portion of the prosecutor's rebuttal closing argument.

Defendant does not challenge the sufficiency of the evidence supporting his convictions, and we mention only facts necessary to address Defendant's points. Viewed in the light most favorable to the jury's verdicts, State v. McAllister, 399 S.W.3d 518, 520 (Mo. App. E.D. 2013), Defendant, from inside his car, used a gun to fire a shot into another occupied motor vehicle.

Analysis

Point I - Double Jeopardy

Defendant first argues that convicting him of both armed criminal action and unlawful use of a weapon for the same conduct subjected him to multiple punishments for the same offense in violation of the Double Jeopardy Clause of the Fifth Amendment. Whether Defendant's right to be free from double jeopardy has been

Page 339

violated is a question of law we review de novo. State v. Glasgow, 250 S.W.3d 812, ...


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