State v. McCabe
345 S.W.3d 311
| Mo. Ct. App. | 2011Background
- McCabe, an inmate in Boone County Jail, charged with possessing a prohibited article in or about the premises of a county jail under §221.111.1(4).
- Officers found a bent, altered stainless steel shower drain cover in McCabe’s cell; it could be used as a weapon.
- Officer Lewis observed scratch marks and debris; the object was seized and McCabe moved to another pod.
- McCabe testified that the object was found earlier and not his; he challenged the discipline history and intercom system issues.
- Jury convicted on the possession count and acquitted on related charges; McCabe was sentenced as a prior and persistent offender to 25 years.
- Issue on appeal: sufficiency of evidence and the trial court’s refusal to give a lesser included-offense instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | McCabe | McCabe | sufficient evidence to convict |
| Lesser included offense instruction | McCabe | McCabe | no abuse of discretion; not a lesser included offense |
Key Cases Cited
- State v. Rousan, 961 S.W.2d 831 (Mo. banc 1998) (standard for sufficiency review; acceptance of favorable evidence)
- State v. Grim, 854 S.W.2d 403 (Mo. banc 1993) (cite for standard of reviewing evidence in light favorable to state)
- State v. Dulany, 781 S.W.2d 52 (Mo. banc 1989) (evidence and inferences in sufficiency review)
- State v. William, 100 S.W.3d 828 (Mo. App. W.D. 2003) (discusses whether a partially analogous item can fit the statute's endangerment language)
- State v. Payne, 250 S.W.3d 815 (Mo. App. W.D. 2008) (definition of deadly weapons and dangerous instruments; statutory interpretation guidance)
- State v. Lowe, 318 S.W.3d 812 (Mo. App. W.D. 2010) (use of circumstantial evidence and standards for proving mental state)
- State v. Santillan, 948 S.W.2d 574 (Mo. banc 1997) (proving mental state through circumstantial evidence)
- State v. Hibler, 5 S.W.3d 147 (Mo. banc 1999) (same-elements test for lesser included offenses under §556.046)
- State v. Reando, 313 S.W.3d 734 (Mo. App. W.D. 2010) (Blockburger same-elements test applied to determine included offenses)
- State v. Daws, 311 S.W.3d 806 (Mo. banc 2010) (clarifies application of §556.046.1(1) to inclusion analysis)
- State v. Burns, 877 S.W.2d 111 (Mo. banc 1994) (Blockburger framework in Missouri)