STATE OF MISSOURI, Plaintiff-Respondent v. REGINA J. HILLEMAN
SD36755
| Mo. Ct. App. | Oct 27, 2021Background
- On June 12, 2019, police executed a search warrant at Regina Hilleman’s apartment at 120 South Howell Avenue; items consistent with methamphetamine distribution were found in her bedroom and on the porch (including a baggie later testing positive for methamphetamine). A visitor, Destry Shed, had come to trade a microwave for meth.
- Officers measured distances from the apartment to West Plains High School: about 954 feet 6 inches to a school maintenance building and about 1,539 feet to the school’s tennis courts — both within the statute’s 2,000-foot protected-zone limit.
- Photographs admitted at trial showed the tennis courts, stadium lighting poles, a campus-style building and a football stadium; Sergeant Brauer testified he could see the school stadium, tennis courts, building roof, and flagpole from the apartment.
- Defendant was convicted by a jury of distributing a controlled substance in a protected location under § 579.030.1(1) and sentenced to 15 years.
- On appeal Defendant argued the evidence was insufficient to prove she knew the distribution occurred within 2,000 feet of the high school; the trial court denied a judgment of acquittal and the appellate court reviewed the sufficiency of the evidence de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Hilleman knew the distribution took place within 2,000 feet of West Plains High School | Measurements showing portions of the school within 2,000 feet plus photographic and testimonial evidence that school facilities were visible allowed the jury to infer Hilleman’s knowledge | Landmarks shown were not universally recognizable as school property (relying on State v. Calvert); therefore knowledge of proximity was not proven | Affirmed — evidence sufficient: measured distances within 2,000 feet and visibility of school features supported a reasonable inference of Defendant’s knowledge; Calvert was distinguishable |
Key Cases Cited
- State v. Soliben, 621 S.W.3d 585 (Mo. App. 2021) (appellate view: evidence in light most favorable to verdict; grant State reasonable inferences)
- State v. Lehman, 617 S.W.3d 843 (Mo. banc 2021) (circumstantial evidence is sufficient and fact-finder chooses among reasonable inferences)
- State v. Hunt, 451 S.W.3d 251 (Mo. banc 2014) (sufficiency review asks whether reasonable juror could find each element beyond a reasonable doubt)
- State v. Lammers, 479 S.W.3d 624 (Mo. banc 2016) (appellate courts grant State reasonable inferences when viewing evidence)
- State v. Claycomb, 470 S.W.3d 358 (Mo. banc 2015) (sufficiency reviewed on the merits regardless of trial objection)
- State v. Nash, 339 S.W.3d 500 (Mo. banc 2011) (standard that a rational fact-finder may find guilt beyond a reasonable doubt)
- State v. Calvert, 290 S.W.3d 189 (Mo. App. 2009) (holding insufficient evidence defendant knew he was within statutory distance of public housing; distinguished here)
- State v. Gonzales, 253 S.W.3d 86 (Mo. App. 2008) (visibility of school and playground supported inference defendant knew proximity)
- State v. McQuary, 173 S.W.3d 663 (Mo. App. 2005) (defendant’s residence on same street and visible school signage supported knowledge inference)
- State v. Crooks, 64 S.W.3d 887 (Mo. App. 2002) (nearby school visibility and observed children supported inference of knowledge)
