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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: Victim Tampering-Sufficiency of Evidence

Criminal Law: Victim Tampering-Sufficiency of Evidence

Defendant appealed from her conviction of felony tampering with a victim in a felony prosecution, arguing that there was no evidence to support the charge and that the verdict director provided by the state to the trial court failed to contain proper evidentiary requirements.

Where defendant was tried in a bench trial, there was no need for evidentiary requirements in the verdict director as the trial judge was presumed to know the law, and the evidence was sufficient for the judge to find that defendant intended to prevent the victim from speaking with investigators and to hide or destroy evidence rather than simply encouraging the victim to exercise her Fifth Amendment rights.

Judgment is affirmed.

State v. Sprano (MLW No. 74158/Case No. SD35407 – 10 pages) (Missouri Court of Appeals, Southern District, Francis, J.) Appealed from circuit court, Christian County, Growcock, J.