Court of Appeals of Missouri, Western District, First Division
from the Circuit Court of Cass County, Missouri. The
Honorable R. Michael Wagner, Judge.
Mackelprang, Jefferson City, MO, for respondent.
L. Laurans, Kansas City, MO, for appellant.
Division One: Lisa White Hardwick, Presiding Judge, Victor C.
Howard, Judge and Gary D. Witt, Judge. All concur.
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
and one count of armed criminal action, section 571.015.
Weaver was sentenced as a prior and persistent offender.
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.
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.
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.
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.
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.
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.
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 ...