Court of Appeals of Missouri, Southern District, First Division
FROM THE CIRCUIT COURT OF SCOTT COUNTY Honorable Scott T.
Horman, Associate Circuit Judge
STEFFEN RAHMEYER, J.
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.
Testimony at Trial
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
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."
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?
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.
[Defense counsel]: Objection, Your Honor. May we ...