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State v. Prince
525 S.W.3d 596
Mo. Ct. App.
2017
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Background

  • Defendant drove up to Victim, a schoolbound minor, and after she crossed the street to a bus stop, he circled, pointed a gun at her, and ordered her into his white car.
  • Defendant drove a few blocks, parked, pulled down his pajama pants, leaned back, and demanded that Victim perform oral sex; when she resisted he pointed the gun at her head.
  • A bystander observed the suspicious pickup, called 911, and later identified the stopped vehicle to police; officers pulled the car over and arrested Defendant; a revolver was found behind the passenger seat.
  • Defendant testified he was partially paralyzed on the left side and denied pointing a gun or demanding oral sex, claiming the acts were physically impossible for him.
  • The trial court convicted Defendant of attempted first-degree sodomy, kidnapping, and two counts of armed criminal action and sentenced him to 18 years; Defendant appealed arguing insufficient evidence for attempted sodomy and armed criminal action.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for attempted first-degree sodomy (substantial step and purpose) State: Defendant forced Victim into car, drove to a secluded area, pulled down pants and demanded oral sex at gunpoint — acts strongly corroborate intent and a substantial step toward sodomy Defendant: His paralysis made the alleged conduct impossible; evidence insufficient to prove a substantial step or purpose to commit sodomy Court: Evidence was sufficient; pulling down pants and demanding oral sex at gunpoint constituted a substantial step and showed purpose; testimonial credibility for paralysis rejected
Sufficiency of evidence for armed criminal action (use of deadly weapon) State: Victim testified Defendant threatened her with a gun; officers recovered a revolver in the car Defendant: (implicit) disputed victim’s account and physical ability to wield a gun Court: Evidence supported that a deadly weapon was used; conviction for armed criminal action affirmed
Withdrawal/abandonment as defense to attempt State: Even if Defendant stopped, abandonment after taking a substantial step is not a defense Defendant: Claimed he ceased intent before completing act Held: Once a substantial step occurred, any later abandonment was too late to negate attempt

Key Cases Cited

  • State v. Nash, 339 S.W.3d 500 (Mo. banc) (standard for sufficiency review)
  • State v. Hosier, 454 S.W.3d 883 (Mo. banc) (accept evidence favorable to verdict on appeal)
  • State v. Wright, 445 S.W.3d 623 (Mo. App. W.D.) (courts may not supply speculative inferences)
  • State v. Davis, 422 S.W.3d 458 (Mo. App. E.D.) (substantial-step analysis for attempt)
  • State v. Kusgen, 178 S.W.3d 595 (Mo. App. W.D.) (conduct showing firmness of intent suffices for attempt)
  • State v. Rollins, 321 S.W.3d 353 (Mo. App. W.D.) (abandonment generally not a defense once substantial step taken)
  • State v. Rayburn, 457 S.W.3d 760 (Mo. App. E.D.) (liability attaches despite withdrawal after substantial steps)
  • State v. Sistrunk, 414 S.W.3d 592 (Mo. App. E.D.) (avoid reweighing evidence on appeal)
  • State v. Scholl, 114 S.W.3d 304 (Mo. App. E.D.) (supporting authority cited in opinion)
Read the full case

Case Details

Case Name: State v. Prince
Court Name: Missouri Court of Appeals
Date Published: Aug 15, 2017
Citation: 525 S.W.3d 596
Docket Number: ED 104539 & 104606
Court Abbreviation: Mo. Ct. App.