State v. Jefferson
2013 Mo. App. LEXIS 1401
| Mo. Ct. App. | 2013Background
- On July 20, 2011, Jefferson, intoxicated after drinking >1 pint of whiskey, allegedly threatened and stabbed his stepson (Son) with a pocket knife; Son required surgery and eight days hospitalization.
- Wife and Son testified Jefferson threatened to kill Son, stabbed him in the abdomen, then continued charging and attempting to stab him again; officers found Jefferson at a nearby gas station with a pocket knife that appeared bloody.
- Jefferson testified he had memory gaps due to long-term heavy drinking, admitted ownership of the knife, and said he could not recall the stabbing.
- Indictment charged first-degree assault and armed criminal action; the jury was instructed on first-degree assault, lesser-included second-degree assault, and armed criminal action; defense requested third-degree (reckless) assault instruction which the court refused.
- Jury convicted Jefferson of second-degree assault (knowingly causing injury by dangerous instrument) and armed criminal action; he was sentenced to nine years and appealed, arguing the court erred by refusing the third-degree assault instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in refusing a lesser-included instruction for third-degree (reckless) assault | State: no error; evidence supports knowing mental state for second-degree assault | Jefferson: evidence of intoxication and lack of memory support reckless mental state entitling him to third-degree instruction | Court: no error — evidence supported a knowing mental state; no basis to infer recklessness |
Key Cases Cited
- State v. Taylor, 373 S.W.3d 513 (Mo. App. E.D.) (standard for reviewing refused lesser-included instructions)
- State v. Greer, 348 S.W.3d 149 (Mo. App. E.D.) (instruction required only if evidence supports differing conclusions on essential elements)
- State v. Byrd, 389 S.W.3d 702 (Mo. App. E.D.) (mental state inferred from conduct before, during, after offense)
- State v. Johnson, 770 S.W.2d 263 (Mo. App. W.D.) (voluntary intoxication and lack of memory do not support lesser-included reckless instruction)
- State v. Fox, 916 S.W.2d 356 (Mo. App. E.D.) (distinguished; addressed sufficiency for involuntary manslaughter, not entitlement to a refused lesser instruction)
- State v. Hostetter, 126 S.W.3d 831 (Mo. App. W.D.) (explains differing standards between sufficiency and instruction-entitlement reviews)