State v. Rodgers
396 S.W.3d 398
Mo. Ct. App.2013Background
- Rodgers was charged with unlawful possession of a firearm (571.070) after a May 2011 incident and an August 2011 warrant for leaving the scene of a motor vehicle accident.
- Rodgers allegedly fled from police during the August 12, 2011 encounter, discarding a handgun and then being apprehended.
- RODGERS possessed a Florida concealed-carry license valid in 2010–2017, which Labor later argued affected the defense to 571.070.
- The State amended the complaint to allege fugitive-from-justice status as an element under 571.070.1(2).
- Rodgers admitted the facts at the hearing: he knowingly possessed a Browning 9mm Luger, failed to appear on the summons, and a capias/warrant was outstanding.
- The trial court dismissed the charge under 571.101.2(4) as harsh and incorrect interpretation of fugitive-from-justice, leading to this appeal by the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Rodgers a fugitive from justice under 571.070.1(2)? | State: plain meaning; capias warrant makes him a fugitive. | Rodgers: ambiguity; defers to lenity. | Rodgers not a fugitive; ambiguity resolved in his favor; judgment affirmed. |
Key Cases Cited
- State v. Clinch, 335 S.W.3d 579 (Mo.App.W.D.2011) (abuse-of-discretion standard for motions to dismiss; de novo where facts uncontested)
- State v. Smothers, 297 S.W.3d 626 (Mo.App. W.D.2009) (statutory construction when issues are pure questions of law)
- Short v. Southern Union Co., 372 S.W.3d 520 (Mo.App.W.D.2012) (plain-meaning rule; when defined in statute, adhere to definition)
- State v. Liberty, 370 S.W.3d 537 (Mo. banc 2012) (ambiguous criminal statute; rule of lenity applied)