State v. Hollins
2011 Mo. App. LEXIS 141
| Mo. Ct. App. | 2011Background
- Defendant Hollins drove by Williams's building on June 20, 2008, shouting threats after having been shot earlier that month.
- Minutes later Williams saw a gun protruding from a minivan, heard seven to nine gunshots, and observed Phillips struck in the foot and others grazed.
- Hollins was charged with first-degree assault (Class B), armed criminal action, and unlawful use of a weapon.
- Defendant's mother and a witness testified Hollins was in Indiana at a correctional center from June 19–21, 2008, suggesting an alibi.
- The jury found Hollins guilty on all three charges; the trial court sentenced concurrent terms of 25 years (two counts) and 15 years for the weapon charge, but the written judgment mis-stated the charge as Class A assault.
- On appeal, Hollins challenged the clerical error in the written judgment and raised sufficiency challenges to the evidence of intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Clerical error in judgment on charge level | State contends written judgment incorrectly reflects Class A, despite Class B indictment. | Hollins argues the conviction was Class B as charged and should be correctly reflected. | Remand to correct to Class B; clerical correction via nunc pro tunc required. |
| Sufficiency of evidence on intent to shoot Williams | State argues evidence supports intent to shoot Williams beyond reasonable doubt. | Hollins argues there was no evidence he intended to shoot Williams. | Evidence supports possible targeting of Williams; sufficiency rejected as grounds for acquittal. |
Key Cases Cited
- State v. Scott, 298 S.W.3d 913 (Mo.App.E.D.2009) (clerical errors in judgments may be corrected nunc pro tunc)
- State v. Belton, 153 S.W.3d 307 (Mo. banc 2005) (sufficiency review favors the verdict when evidence supports guilt)
- State v. Freeman, 269 S.W.3d 422 (Mo. banc 2008) (credibility and weight of testimony for the fact-finder)
- State v. Crawford, 68 S.W.3d 406 (Mo. banc 2002) (fact-finder's assessment of witness credibility)
- State v. Johnson, 316 S.W.3d 491 (Mo. App. W.D.2010) (sufficiency questions arise before case is submitted to the jury)