State v. Thesing
2011 Mo. App. LEXIS 131
| Mo. Ct. App. | 2011Background
- Appellant Thesing robbed a Springfield pharmacy at gunpoint, demanding morphine and other controlled substances and syringes.
- Police found a handgun, syringes, pills, and ammunition in Thesing's vehicle; he admitted detoxing from opiate addiction and committing the robbery.
- Appellant was tried in a one-day bench trial for pharmacy robbery in the first degree (class A felony) and armed criminal action; he was found guilty on both counts.
- Appellant was sentenced to ten years (pharmacy robbery) and three years (armed criminal action), to be served concurrently.
- At sentencing, defense sought a suspended imposition of sentence under mitigating factors; the trial court denied, prompting appellate review.
- The appellate court remanded for re-sentencing to allow consideration of the full range of punishment for the pharmacy-robbery conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a trial court suspend imposition of sentence for pharmacy robbery in the first degree? | Thesing contends suspension is allowed under §569.025. | State agrees the court may consider suspension. | Yes; remanded to consider full punishment range. |
| Was the nine-month delay in guilty pronouncement plain error violating speedy-trial rights? | Thesing asserts delay prejudiced defense and violated right to speedy trial. | State argues no prejudice and no plain error. | Delay did not constitute plain error; no manifest injustice; reaffirmed remand for sentencing with full range. |
Key Cases Cited
- In re Care & Treatment of Coffman, 225 S.W.3d 439 (Mo. banc 2007) (statutory interpretation reviewed de novo; plain meaning governs)
- State v. Rowe, 63 S.W.3d 647 (Mo. banc 2002) (guidelines for statutory construction when meaning unclear)
- Turner v. Sch. Dist. of Clayton, 318 S.W.3d 660 (Mo. banc 2010) (cannot read into omitted legislative intent; limits of omitted language)
- State v. Rowan, 201 S.W.3d 82 (Mo. App. E.D. 2006) (sentencing discretion including suspended imposition of sentence)
- State v. White, 728 S.W.2d 564 (Mo. App. W.D. 1987) (trial completion timing not required by statute; timing rule for trial)