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State v. Daniel

Court of Appeals of Missouri, Southern District, First Division

April 30, 2019

STATE OF MISSOURI, Plaintiff-Respondent,
v.
MARTIN AKEEM DANIEL, Defendant-Appellant.

          APPEAL FROM THE CIRCUIT COURT OF SCOTT COUNTY Honorable Scott T. Horman, Associate Circuit Judge

          NANCY STEFFEN RAHMEYER, J.

         A jury found Martin Akeem Daniel ("Defendant") guilty of possession of more than five grams of marijuana with the intent to distribute, and of felony resisting arrest. The trial court sentenced Defendant as a prior and persistent offender to ten years and seven years for these offenses respectively with the sentences to run concurrently. Defendant appeals claiming in two points that the trial court (1) abused its discretion in admitting evidence of uncharged misconduct by Defendant, and (2) plainly erred in failing to grant Defendant allocution. We deny both points.

         Relevant Testimony at Trial

         The State called Detective John Blakely with the city of Sikeston as its first witness. Detective Blakely told the jury the following. In the evening on June 30, 2016, Detective Blakely went to a house in Sikeston "looking for a female by the name of Rhonda Franklin, and I was told that's where she had moved to. So I needed to go speak with her about a case I was following up on." As he and other officers walked up to the house, Ms. Franklin "came out" of the house. Defendant and his brother were inside the home. Detective Blakely patted-down Defendant's brother and Detective Penrod patted-down Defendant for officer safety. Detective Blakely observed Detective Penrod remove a clear "Ziploc Baggie" from Defendant's "back pocket" in the course of the pat-down. The baggie had "several" "smaller [b]aggies of marijuana" inside.

         Later that evening and "close to midnight," Detective Blakely executed a search warrant at the house. In the course of the search, Detective Blakely located a set of scales, some baggies with the corners missing and identification belonging to Defendant. The identification was "found in the southwest bedroom." The baggies were found "in the trash inside" the house, and were the same type of baggie as those found with the marijuana in Defendant's pocket. Detective Blakely only found a few. The individual baggies in the large baggie that Detective Penrod removed from Defendant's back pocket were "all packaged for dime sacks or $10 bags of weed."

         Narcotics detective Bobby Penrod then testified. Early in his direct testimony, the following exchange occurred:

Q. Detective, I want to ask, were you called to an address on West Gladys in Sikeston on June 30 of last year?
A. Yes.
Q. And what was that for?
A. Detective Blakely asked me to go with him for an investigation he was doing in reference to a burglary.
Q. Okay.
[Defense counsel]: Objection, Your Honor. May we ...

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