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State v. Weaver

Court of Appeals of Missouri, Western District, First Division

February 23, 2016

STATE OF MISSOURI, Respondent,
v.
MAURICE D. WEAVER, Appellant

          Appeal from the Circuit Court of Cass County, Missouri. The Honorable R. Michael Wagner, Judge.

         Shaun Mackelprang, Jefferson City, MO, for respondent.

         Jonathan L. Laurans, Kansas City, MO, for appellant.

         Before Division One: Lisa White Hardwick, Presiding Judge, Victor C. Howard, Judge and Gary D. Witt, Judge. All concur.

          OPINION

         Gary D. Witt, J.

Page 928

          Maurice D. Weaver (" Weaver" ) appeals the judgment of the Circuit Court of Cass County, Missouri (" trial court" ), finding him guilty, after a bench trial, of one count of robbery in the first degree, section 569.020,[1]

Page 929

and one count of armed criminal action, section 571.015. Weaver was sentenced as a prior and persistent offender.

         On appeal, Weaver contends that the trial court erred in convicting him because the State's main witness' testimony was so inherently contradictory as to be objectively unreasonable. Weaver further contends that the trial court erred because the testimony presented by the State was insufficient to support his conviction.

         We affirm.

         Factual Background[2]

         Weaver was charged in the Circuit Court of Cass County with one count of robbery in the first degree and one count of armed criminal action. These charges arose out of the robbery of a Sonic Drive-In restaurant in Raymore, Missouri, (" Raymore Sonic" ) on the evening of January 12, 2012.

         Prior to the crime, late in November of 2011, Weaver began a relationship with Julie Jamieson (" Jamieson" ). Weaver would stay at Jamieson's house two or three times a week. Additionally, Jamieson allowed Weaver to drive her Cadillac DeVille and Jamieson added Weaver as an additional insured on the car's insurance.

         On January 12, 2012, prior to the robbery, Weaver asked Jamieson for some gloves, toy guns and bandanas. Jamieson gave Weaver some gloves and purchased him a red and a blue bandana, but she had no toy guns. Jamieson was aware that Weaver possessed a real handgun, which was black and silver. Weaver and Derron White (" White" ) asked Jamieson to drive them to the Sonic Drive-In in Belton, Missouri (" Belton Sonic" ). Near closing time, Jamieson dropped Weaver and White off at the Belton Sonic and then, at their request, waited for them down the street.

         Shortly thereafter, Weaver and White returned to Jamieson's car without any food. Weaver told Jamieson to drive them to the Raymore Sonic. When Jamieson refused, Weaver pointed his black and silver handgun at Jamieson and threatened to kill her and her children. Jamieson then drove to the Raymore Sonic where Weaver told her to drop him and White off at a place down the street. Weaver then told Jamieson to park across the street and wait for them to return.

         Near closing time at the Raymore Sonic, Justin Drew (" Drew" ), a Sonic employee, " heard some commotion and went to the front of the store." There, he saw two masked and armed men, who then forced Drew and two other employees to the ground. Drew " volunteered to . . . help them get into the safe." Drew gave the two masked men the money from the safe, and the men left.

         Detective Rachel Jacobson (" Jacobson" ) responded to the report of the robbery at the Raymore Sonic and arrived at around 11:40 p.m. A belt was left behind from the robbery which surveillance video confirmed fell off one of the robbers. Testing of the belt developed a DNA profile that registered a hit on the CODIS database to White. From the surveillance video, Jacobson noticed that the robbers were wearing gloves and that one ...


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