State v. Ralph, 2017 Mo. App. LEXIS 555

Police responded to an anonymous 911 tip alleging open-air drug sales in the 6000 block of Lucille, St. Louis. Officers observed Ralph standing at a car window; he made eye contact, removed something from his pocket, and tossed it under the vehicle. Officers retrieved a knotted blue baggie containing Hydrocodone beneath the car. Officer Brown detained and booked Ralph.
Officer Nolan testified (over a hearsay objection) that he had "learned" during booking that Ralph lived about a ten-minute drive from the arrest location; record did not show the source of that information.
The State sought to sentence Ralph as a prior and persistent offender based on two prior felony guilty pleas (2008 and 2014). The court clerk testified by reading records from the Missouri Justice Information System (JIS) on a computer screen; no physical printouts or certified copies were entered.
Ralph was convicted by a jury of constructive possession of a controlled substance. The trial court found beyond a reasonable doubt that Ralph was a prior and persistent offender and sentenced him to eight years (enhanced).
Ralph appealed, arguing (1) admission of Officer Nolan’s testimony that Ralph lived out of the neighborhood was prejudicial hearsay, and (2) the State’s evidence of prior convictions was insufficient because it relied on JIS testimony rather than physical court files.

Issue	Ralph's Argument	State's Argument	Held
Admission of Officer Nolan’s testimony that Ralph lived outside neighborhood (hearsay)	Testimony was inadmissible hearsay (Officer Brown was the declarant) and prejudicial, depicting Ralph as an outsider	Record does not show who was declarant; even if Brown, he testified and was available for cross-examination; statements by a party-opponent or available declarant are not prejudicial hearsay	No abuse of discretion: record does not establish hearsay admission and no prejudice shown; point denied
Sufficiency of proof for prior-and-persistent-offender finding based on JIS testimony (no physical files)	State failed to introduce physical court files or certified copies; enhancement thus unsupported and sentence exceeds unenhanced maximum	Section 490.130 allows statewide court automated records (JIS) to be received without further certification; clerk’s testimony from JIS is sufficient to prove prior convictions	No plain error: clerk’s JIS-based testimony sufficed under §490.130 and §558.021; trial court properly found Ralph a prior and persistent offender

State v. Justus, 205 S.W.3d 872 (Mo. banc) (standard for reviewing admission of evidence)
State v. Hughes, 497 S.W.3d 400 (Mo. App. E.D.) (abuse of discretion definition)
State v. Adams, 350 S.W.3d 864 (Mo. App. E.D.) (prejudice standard for erroneously admitted evidence)
State v. Jackson, 426 S.W.3d 717 (Mo. App. E.D.) (when declarant testifies, hearsay prejudice may be absent)
State v. Stokes, 492 S.W.3d 622 (Mo. App. E.D.) (party-opponent exception to hearsay)
State v. Walter, 479 S.W.3d 118 (Mo. banc) (preservation of evidentiary objections; plain-error standard)
State v. Martinez, 407 S.W.3d 669 (Mo. App. S.D.) (State must prove prior convictions per statutory requirements)
State v. Taylor, 373 S.W.3d 513 (Mo. App. E.D.) (courtroom testimony from official records can suffice to prove priors)
State v. Johnson, 150 S.W.3d 132 (Mo. App. E.D.) (distinguishes reading from official file physically present versus unavailable records)
State v. Quinn, 717 S.W.2d 262 (Mo. App. S.D.) (court clerk testimony to records sufficient even where records not admitted)
State v. White, 247 S.W.3d 557 (Mo. App. E.D.) (plain-error requires decisive effect on jury’s determination)
State v. Gibbs, 306 S.W.3d 178 (Mo. App. E.D.) (discussed in background of evidentiary standards)