State v. Stewart
2011 Mo. App. LEXIS 987
Mo. Ct. App.2011Background
- Stewart was charged by amended information with two counts of stalking and one count of violating a full order of protection.
- A jury convicted on Counts II (stalking) and III (violation of protection order) and acquitted Count I.
- The court sentenced five years on each concluded conviction, to run consecutively.
- Exhibits 2-3 (prior felony convictions) and 4-5 (prior stalking and protection-order violations) were admitted to prove persistent offender status.
- C.P. testified to extensive physical abuse by Stewart; Exhibit 101 comprised civil-order records used during deliberations.
- Stewart, representing himself, challenged the verdict on double jeopardy and the admissibility of evidence on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dual convictions violated double jeopardy. | Stewart contends Counts II and III punish the same conduct. | Counts II and III are the same offense, constituting double punishment. | No; stalking and violating a protection order have distinct elements and do not merge. |
| Whether admission of testimony about prior abuse and Exhibit 101 was plain error. | Prior abuse evidence is probative of intent and knowledge. | Evidence is prejudicial and should have been excluded or redacted. | Not plain error; evidence was properly admitted and probative. |
| Whether the jurors viewing Exhibit 101 prejudiced Stewart. | Exhibit 101 provided relevant context to the charged acts. | No plain error; probative value outweighed prejudice. |
Key Cases Cited
- State v. Neher, 213 S.W.3d 44 (Mo. banc 2007) (constitutional double jeopardy rights are reviewable for plain error when face of record shows)
- State v. Oplinger, 193 S.W.3d 766 (Mo.App.2006) (plain error review framework for double jeopardy)
- State v. Deckard, 18 S.W.3d 495 (Mo.App.2000) (plain error analysis guidance)
- State v. Wright, 216 S.W.3d 196 (Mo.App.2007) (plain error standard and evaluation of admissibility)
- Mabry, 285 S.W.3d 780 (Mo.App.2009) (prior bad acts evidence admissible to show knowledge and fear)
- Andrich, 943 S.W.2d 841 (Mo.App.1997) (prior threats and violence evidence probative in abuse cases)