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Figgins v. State

Court of Appeals of Missouri, Western District, Fourth Division

June 23, 2015

KENNETH E. FIGGINS, SR., Appellant,
v.
STATE OF MISSOURI, Respondent

Page 470

APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI. The Honorable Kathleen A. Forsyth, Judge.

Laura G. Martin, for Appellant.

Gregory L. Barnes, for Respondent.

Before Division Four: Alok Ahuja, Chief Judge, Joseph M. Ellis, Judge and Janet Sutton, Special Judge.

OPINION

Page 471

Joseph M. Ellis, Judge

Kenneth Figgins, Sr. appeals from the denial of his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. For the following reasons, the motion court's ruling is affirmed.

Early in the morning on November 28, 2008, two armed men posing as law enforcement officers entered the apartment of Theresa Cox, held the individuals present in the apartment at gunpoint, and stole assorted property. Appellant was subsequently identified by multiple victims as one of the two robbers.

Appellant was charged in the Circuit Court of Jackson County with one count of burglary in the first degree, § 569.160; one count of robbery in the first degree, § 569.020; four counts of kidnapping, § 565.110; one count of assault in the third degree, § 565.070; and six counts of armed criminal action, § 571.015. Following a jury trial, the jury returned verdicts of guilty on ten counts, but acquitted Appellant on one of the kidnapping counts (alleging that he had confined Brandon Kenney for the purpose of committing first-degree robbery), the armed criminal action count associated with that kidnapping count, and the assault in the third degree count (alleging that he had knowingly caused offensive or provocative contact with Cox). Defense counsel requested that the jury be polled. During the polling, Appellant made several outbursts protesting his innocence and telling the jury, " I hope you hear my babies crying at night when I'm in jail." When asked if the guilty verdicts were her true verdicts, Juror #7 initially answered " yes" but then changed her answer to " no, honestly" and indicated that she had reasonable doubt as to Appellant's guilt.

The trial court accepted the three not guilty verdicts and sent the jury back for further deliberation on the remaining ten counts. Eventually, the jury was deemed to be hung, and the trial court declared a mistrial as to the ten remaining counts.

Appellant subsequently filed a motion asking the court to dismiss the ten remaining counts on double jeopardy grounds, asserting that the State should be collaterally estopped from trying him on those counts. That motion was denied.[1]

On September 17, 2010, Appellant appeared before the court and entered an Alford plea[2] on ...


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