State v. Greer, 348 S.W.3d 149

Greer was convicted by jury of three counts of first-degree assault, three counts of armed criminal action, six counts of endangering a corrections employee, and one count of possession of a weapon in a correctional facility for actions in a St. Louis City jail cell.
The trial court sentenced Greer to 25 years on each assault, armed criminal action, and weapon counts, and 15 years on each endangering count, all to be served concurrently.
On appeal, Greer challenges (a) the endangering-conduct sentences as unauthorized, (b) the court’s refusal to instruct on lesser-included offenses for first-degree assault, and (c) sufficiency of the evidence.
The incident involved Greer and a cellmate barricading their cell, brandishing improvised weapons, and attempting to stab responding officers during a cell-extraction.
Officers testified Greer and Johnson wielded shanks; Greer yelled that they would have to kill them before they killed the officers; several officers were assaulted during the extraction.
The appellate court held multiple endangering sentences exceeded the statutory maximum for the class-D felony and remanded for resentencing on those counts, affirming in all other respects.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the endangering a corrections employee sentences exceed the law?	Greer argues 15-year terms exceed the class-C felony maximum.	State concedes error; sentences must be within statutory range.	Yes; remand for resentencing on endangering counts.
Should the court have given lesser-included offenses for first-degree assault?	Greer sought second- and third-degree assault instructions.	State contends strong proof of first-degree assault left no basis for acquittal.	No; no basis to acquit of first-degree assault and convict of lesser offenses.
Was the evidence sufficient for first-degree assault and armed criminal action against the two officers who approached Johnson?	Greer contends there was no contact with officers; insufficient proof.	State presented evidence that Johnson acted with a dangerous instrument; Greer aided.	Sufficient evidence; jury could find first-degree assault and armed criminal action.
Was there sufficient evidence Greer and Johnson provoked the captain and lieutenant to enter the cell, thereby endangering them?	Greer argues no entry into the cell occurred, so no endangerment.	State needed only attempted contact by provoking entry into the cell.	Yes; sufficient evidence Greer attempted to cause entry and contact with urine/feces.

State v. Hibler, 5 S.W.3d 147 (Mo. banc 1999) (acquittal-vs-lesser-offense framework for submitting lesser-included offenses)
State v. Pond, 131 S.W.3d 792 (Mo. banc 2004) (basis for submitting lesser-included offenses when evidence supports acquittal of greater)
State v. Wren, 317 S.W.3d 111 (Mo. App. E.D. 2010) (standard for evaluating sufficiency when challenging endangerment and related offenses)
Becker v. State, 260 S.W.3d 905 (Mo. App. E.D. 2008) (strong evidence can foreclose need for lesser-included instructions)
State v. Lowe, 318 S.W.3d 812 (Mo. App. W.D. 2010) (reasonable-juror standard for lesser-included offenses)
State v. Williams, 313 S.W.3d 656 (Mo. banc 2010) (reasonable-juror standard for lesser-included offenses)
State v. Anderson, 294 S.W.3d 96 (Mo. App. E.D. 2009) (plain-error review for unauthorized sentences)