Opinion
WD 85725
10-17-2023
STATE of Missouri, Respondent, v. James D. DUHART, Appellant.
Katharine P. Curry, Columbia, MO, for Appellant. Anjali Ghandi, Jefferson City, for Respondent.
Katharine P. Curry, Columbia, MO, for Appellant.
Anjali Ghandi, Jefferson City, for Respondent.
Before Division Three: Karen King Mitchell, P.J., and Alok Ahuja and Edward R. Ardini, Jr., JJ.
ORDER
PER CURIAM:
Following a bench trial in the Circuit Court of Cole County, James Duhart was convicted of the class A misdemeanor of assault in the fourth degree under § 565.056, RSMo. Duhart appeals. He argues that the circuit court should have drawn an adverse inference against the State, pursuant to the spoliation doctrine, because of the State's failure to produce a video recording from the police patrol car in which the assault occurred. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties setting forth the reasons for this order. Rule 30.25(b).