Where a defendant appealed her convictions for making a false statement to receive a health care payment and for financial exploitation of the elderly, the trial court used a definitional instruction that was not in the Missouri Approved Instructions but had been approved by the Missouri Supreme Court based on similar facts, so the use of the identical instruction was not an abuse of discretion, and the court did not abuse its discretion in allowing evidence that one of defendant’s victims missed his brother’s funeral because the evidence was relevant to show the defendant’s intent and scheme.
Judgment is affirmed.
State v. Kelly (MLW No. 74680/Case No. WD82085 – 11 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Jackson County, Fahnestock, J. (Nathan J. Aquino, Jefferson City, for respondent) (Christian E. Lehmberg, Assistant State Public Defender, Columbia, for appellant).