Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF BUTLER COUNTY. Honorable Michael M.
Pritchett, Circuit Judge.
Appellant: Samuel Buffaloe of Columbia, MO.
Respondent: Chris Koster (Attorney General), Karen L. Kramer
of Jefferson City, MO.
Lynch, J. - Concurs, William W. Francis, Jr., J. - Concurs.
Steffen Rahmeyer, J.
convicted Jason Scott Warren (" Defendant" ) of
assault in the second degree in breaking the foot of James
Blackwell (" Victim" ) with a motor vehicle, and of
speeding. The trial court sentenced Defendant as a prior
offender to concurrent terms of five years in the Department
of Corrections for assault in the second degree and 120 days
in county jail for speeding. Defendant appeals only the trial
court's judgment for assault in the second degree, and,
in a single point, asserts that " [t]he trial court
erred in entering judgment and sentence for . . . assault in
the second degree . . . in that there was not sufficient
evidence to show that [Defendant] 'recklessly' caused
serious physical injury to [Victim]." We disagree, and
affirm the trial court's judgment.
Standard of Review
Supreme Court has described our standard of review as
In reviewing the sufficiency of evidence, this Court limits
its determination to whether a reasonable juror could have
found guilt beyond a reasonable doubt. State v.
Belton, 153 S.W.3d 307, 309 (Mo. banc 2005). In so
doing, the evidence and all reasonable inferences therefrom
are viewed in the light most favorable to the verdict,
disregarding any evidence and inferences contrary to the
verdict. Id. As such, this Court will not weigh the evidence
anew since " the fact-finder may believe all, some, or
none of the testimony of a witness when considered with the
facts, circumstances and other testimony in the case."
State v. Crawford, 68 S.W.3d 406, 408 (Mo. banc
State v. Freeman, 269 S.W.3d 422, 425 (Mo. banc
2008). In addition:
Evidence is sufficient to support guilt if any reasonable
inference supports guilt, even if other equally valid
inferences do not. State v. Breedlove, 348 S.W.3d
810, 814 (Mo.App. S.D.2011). . . . " The credibility and
the effects of conflicts or inconsistencies in testimony are
questions for the jury, and the appellate court will not
interfere with the jury's role of weighing the
credibility of witnesses." State v. Coleman,
263 S.W.3d 680, 683 (Mo.App. S.D.2008).
State v. Simrin, 384 S.W.3d 713, 718 (Mo.App. S.D.
2012). Finally, a claim the evidence was insufficient to
support a verdict of guilty in a criminal case is reviewed on
the merits and not as plain error even when the defendant
failed to raise the claim before the trial court as in this
appeal. State v. Claycomb, No. SC94526, 470 S.W.3d
358, 2015 WL 3979728, *2-3 (Mo. banc June 30, 2015).