Criminal Law: Sexually Violent Predator-Burglary Conviction-Collateral Estoppel

Where appellant challenged a judgment that found him to be a sexually violent predator, the appellant’s challenge to evidence regarding the motivation for a burglary did not merit plain error review, and the appellant’s trial counsel was not ineffective for failing to assert collateral estoppel in regards to the state’s portrayal of a burglary conviction because an objection on the grounds of collateral estoppel would have been non-meritorious.

Judgment is affirmed.

In The Matter of the Care and Treatment of Theodore Stiles (MLW No. 79550/Case No. SD37180 – 16 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Jasper County, Crane, J.