, the following evidence was adduced at trial. State v. Mason, 616 S.W.3d 345, 347 (Mo. App. E.D. 2020).
[4] Here, in order to convict Bateman of felony murder, the State had to prove he committed the underlying offense of first-degree robbery and that Victim died as a result of the perpetration of the robbery. See State v. Mason, 616 S.W.3d 345, 348 (Mo. App. E.D. 2020); State v. Burrage, 465 S.W.3d 77, 80 (Mo. App. E.D. 2015). Under Section 570.023, a person commits the offense of robbery in the first degree if he or she forcibly steals property and during the robbery he or she or another participant in the offense causes serious physical injury to any person or is armed with a deadly weapon. Section 570.023.1(1)-(2).
Petitioner appealed and the Missouri Court of Appeals affirmed his conviction on October 20, 2020. State v. Mason, 616 S.W.3d 345 (Mo.Ct.App. 2020). Petitioner filed a motion for transfer to the Supreme Court of Missouri on December 8, 2020.
[8, 9] "Importantly, in order to secure a conviction under accomplice liability, the State must prove the defendant had ‘the culpable mental state to have acted with the purpose of promoting the particular underlying offense.’ " State v. Mason, 616 S.W.3d 345, 348 (Mo. App. E.D. 2020) (quoting Booker v. State, 552 S.W.3d 522, 530 (Mo. banc 2018)). "[A]n accomplice is one who, before or during the commission of a crime, intentionally and knowingly aids or encourages the commission of a crime[.]" Mueller, 568 S.W.3d at 71 (quoting State v. Meuir, 138 S.W.3d 137, 143 (Mo. App. S.D. 2004)).
"Importantly, in order to secure a conviction under accomplice liability, the State must prove the defendant had 'the culpable mental state to have acted with the purpose of promoting the particular underlying offense.'" State v. Mason, 616 S.W.3d 345, 348 (Mo. App. E.D. 2020) (quoting Booker v. State, 552 S.W.3d 522, 530 (Mo. banc 2018)).
"To prove the elements of first-degree robbery, the State must demonstrate that the defendant forcibly stole property and, in the course thereof, he or another actor displayed or threatened the use of what appeared to be a deadly weapon or dangerous instrument, such as a gun." State v. Mason , 616 S.W.3d 345, 349 (Mo. App. E.D. 2020). King alleges that there was no evidence presented at trial that he stole a cell phone in the possession of [Victim], and he argues that the State was required to prove the conduct because it was alleged in the charging document.