Criminal Law: Homicide-Suppression of Evidence

Defendant appealed his conviction for murder, kidnapping and armed criminal action, arguing that the trial court abused its discretion in denying a mistrial after a witness testified that defendant had been released from prison, overruling defendant’s objection to a witness’s testimony that he and his wife were afraid of defendant due to his “violent past,” failing to instruct the jury to disregard the state’s inflammatory opening statement and failing to properly memorialize the oral pronouncement of sentence.

Where there was other sufficient, independent evidence of defendant’s guilt, including DNA evidence and defendant’s possession of the victim’s property, the trial court did not abuse its discretion in its rulings, but the trial court erred in in issuing a written judgment of 999 years when defendant was sentenced to life imprisonment.

Judgment is affirmed in part, reversed and remanded in part.

State v. Larry (MLW No. 84958/Case No. SD38987 – 18 pages) (Missouri Court of Appeals, Southern District, Nickell, J.) Appealed from circuit court, Scott County, Horack, J. (Ellen H. Flottman, Columbia and Theodore Eric Liszewski, Sikeston for appellant) (Gregory L. Barnes, Jefferson City and Donald Ray Cobb, Benton for respondent)