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State v. Atteberry

Court of Appeals of Missouri, Eastern District
Oct 17, 2023
676 S.W.3d 502 (Mo. Ct. App. 2023)

Opinion

No. ED 110821

10-17-2023

STATE of Missouri, Respondent, v. Timothy S. ATTEBERRY, Appellant.

FOR APPELLANT: Ellen H. Flottman, Missouri Public Defender's Office, Woodrail Centre, 1000 West Nifong, Building 7, Suite 100, Columbia, MO 65203. FOR RESPONDENT: Timothy A. Lohmar, St. Charles County, 300 North 2 Street, Suite 601, St. Charles, Missouri 63301, Stephan M. Lawhorn, St. Charles County Prosecutor's Office, 300 North 2 Street, Suite 600, St. Charles, Missouri 63301.


FOR APPELLANT: Ellen H. Flottman, Missouri Public Defender's Office, Woodrail Centre, 1000 West Nifong, Building 7, Suite 100, Columbia, MO 65203.

FOR RESPONDENT: Timothy A. Lohmar, St. Charles County, 300 North 2nd Street, Suite 601, St. Charles, Missouri 63301, Stephan M. Lawhorn, St. Charles County Prosecutor's Office, 300 North 2nd Street, Suite 600, St. Charles, Missouri 63301.

Before Robert M. Clayton III, P.J., Philip M. Hess, J., and Cristian M. Stevens, J.

ORDER

PER CURIAM

Timothy Atteberry ("Appellant") appeals from a St. Charles County Circuit Court judgment after a jury convicted him of fourth-degree assault and first-degree trespass. In his sole point on appeal, Appellant argues the circuit court erred in overruling defense counsel's objections to testimony and bodycam evidence regarding an incident at the jail following his arrest because any probative value this improper character evidence may have had was outweighed by its prejudicial impact.

We have reviewed the briefs of the parties and the record on appeal and find the motion court did not err. A written opinion would have no precedential value and would serve no jurisprudential purpose. The parties have been furnished with a memorandum, for their information only, setting forth the reasons for this order under Rule 30.25(b).


Summaries of

State v. Atteberry

Court of Appeals of Missouri, Eastern District
Oct 17, 2023
676 S.W.3d 502 (Mo. Ct. App. 2023)
Case details for

State v. Atteberry

Case Details

Full title:STATE OF MISSOURI, RES v. TIMOTHY ATTEBERRY, APP

Court:Court of Appeals of Missouri, Eastern District

Date published: Oct 17, 2023

Citations

676 S.W.3d 502 (Mo. Ct. App. 2023)