State v. Fugate

Full title: STATE of Missouri, Respondent, v. David R. FUGATE, Appellant.

Court: Missouri Court of Appeals, Eastern District, Division Five.

Date published: Sep 4, 2012

377 S.W.3d 612 (Mo. Ct. App. 2012)

Opinion

No. ED 96972.

2012-09-4

STATE of Missouri, Respondent, v. David R. FUGATE, Appellant.

Appeal from the Circuit Court of Jefferson County, Mark T. Stoll, Judge. Amy M. Bartholow, Columbia, MO, for appellant. Chris Koster, Attorney General, Todd T. Smith, Asst. Atty. Gen., Jefferson City, MO, for respondent.

PER CURIAM.

Appeal from the Circuit Court of Jefferson County, Mark T. Stoll, Judge.
Amy M. Bartholow, Columbia, MO, for appellant. Chris Koster, Attorney General, Todd T. Smith, Asst. Atty. Gen., Jefferson City, MO, for respondent.
Before GARY M. GAERTNER, JR., C.J., MARY K. HOFF, J., and ROBERT M. CLAYTON III, J.

ORDER

PER CURIAM.

David R. Fugate appeals the judgment entered upon a jury's verdict convicting him of second-degree murder and armed criminal action. We find that the trial court did not plainly err in instructing the jury. We also find the trial court did not abuse its discretion in admitting autopsy photographs at trial. We affirm.

An extended opinion would have no precedential value. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 30.25(b).