State v. Muhammad
334 S.W.3d 164
| Mo. Ct. App. | 2011Background
- Muhammad charged with two counts of false imprisonment (class D); trial court instructed on felonious restraint instead, a non-charged offense not a lesser-included offense.
- Jury convicted on felonious restraint for both counts; judgment entered for two false-imprisonment counts (class D) with concurrent four-year sentences.
- Trial court's judgments treated false imprisonment as class D felonies; defense timely appealed alleging instructional error and improper sentencing.
- Court applied plain-error review; held error in instruction but convictions valid; remanded to reclassify false-imprisonment as class A misdemeanors and resentence accordingly.
- Decision: affirm the false-imprisonment convictions; reverse designation as class D felonies; remand for amended judgment and resentencing within class A misdemeanor range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Instruction error on felonious restraint instead of false imprisonment | Muhammad argues error and charging gap. | State contends no reversal; variance cured by conviction. | Plain error; no manifest injustice; convictions affirmed. |
| Variance between charging document and convictions | Muhammad claims fatal variance. | State argues variance not fatal due to greater-offense conviction. | Variance remedied by judgment on false-imprisonment counts. |
| Classification of false-imprisonment as class D felonies | False imprisonment should be class A misdemeanor. | Labeling as class D was error but conviction stands. | Correct to reclassify as class A misdemeanors on remand. |
| Excessive sentences for false-imprisonment counts | Four-year terms exceed authorized range. | Resentencing appropriate to class A misdemeanor range. | Remand for resentencing within class A misdemeanor range. |
Key Cases Cited
- State v. Smith, 592 S.W.2d 165 (Mo. banc 1979) (due-process limits on charging offenses; lesser-included offenses)
- State v. Pullum, 281 S.W.3d 912 (Mo. App. E.D. 2009) (unpreserved errors reviewed for plain error)
- State v. Shipley, 920 S.W.2d 120 (Mo. App. E.D. 1996) (instruction on non-charged offenses; lesser-included analysis)
- State v. Cobbins, 21 S.W.3d 876 (Mo. App. E.D. 2000) (false imprisonment is a lesser-included offense of felonious restraint)
- State v. Gant, 586 S.W.2d 755 (Mo. App. W.D. 1979) (plain-error review where defendant convicted of offense not charged)
- State v. Scott, 298 S.W.3d 913 (Mo. App. E.D. 2009) (unauthorized sentences; plain error)