(Download) "State Missouri v. Clayton Blackburn" by Court of Appeals of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Clayton Blackburn
- Author : Court of Appeals of Missouri
- Release Date : January 27, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
GARY M. GAERTNER, Presiding Judge In this consolidated appeals his jury conviction for robbery in the first degree, RSMo § 569.020 (1986), for which he was sentenced as a persistent offender pursuant to RSMo § 558.016 (1986), to fifteen years imprisonment. Appellant also appeals the denial of his Rule 29.15 motion after an evidentiary hearing. We affirm. The evidence adduced at trial revealed that at approximately 8:05 p.m. on the night of October 24, 1987, Kendreth Ray, an off-duty deputy sheriff for St. Louis City, went to the Landmark Bank in Wellston to withdraw thirty dollars from an automatic teller. After taking the thirty dollars from the machine and putting his ATM card back into his wallet, Deputy Ray was approached by a man wearing a stocking mask holding what appeared to be a gun. The man told Deputy Ray to give him what he had and Deputy Ray did. The man then told Deputy Ray that if he followed him he would shoot. As the man turned to run, Deputy Ray identified himself as a law enforcement officer. Deputy Ray then pursued the man. After running a short distance, the man turned with his arm extended as if to shoot and Deputy Ray took cover against the side of a building. Deputy Ray fired five shots at the man, hitting him once in the hip. Deputy Ray approached the man, who was now rolling around on the ground and removing the stocking mask, advised him of his rights, and placed him under arrest. Deputy Ray's wallet, the automatic teller bank receipt, the stocking mask and a starter's pistol were all found near the man's head. Appellant was charged with robbery in the first degree and on August 2, 1988, was convicted by jury.