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