State v. Barker , 410 S.W.3d 225, 236 (Mo. App. W.D. 2013). "Inasmuch as our felony-murder statute expressly intends multiple punishments for both second degree felony murder and the underlying felony, such punishments when imposed in a single trial do not constitute double jeopardy." Id. ; see alsoState v. Coody, 867 S.W.2d 661, 664 (Mo. App. S.D. 1993) ; State v. Mendoza, 115 S.W.3d 873, 876 (Mo. App. W.D. 2003) ; Johnson v. State , 477 S.W.3d 2, 8 (Mo. App. E.D. 2015). Section 565.021 (emphasis added).
"[S]ection 565.021.1(2), the felony murder statute, specifically authorizes cumulative punishment with any related felony other than murder or manslaughter." State v. Mendoza, 115 S.W.3d 873, 876 (Mo.App. W.D. 2003). `"A standard rule of statutory construction is that the express mention of one thing implies the exclusion of another.'"
See State v. Barker, 410 S.W.3d 225, 236 (Mo.App.W.D.2013). See also State v. Mendoza, 115 S.W.3d 873, 876 (Mo.App.W.D.2003) (affirming the defendant's convictions for child abuse and second-degree murder). Furthermore, “a defendant may not take advantage of self-invited error or error of [her] own making.”
See State v. Barker, 410 S.W.3d 225, 236 (Mo.App.W.D.2013). See also State v. Mendoza, 115 S.W.3d 873, 876 (Mo.App.W.D.2003) (affirming the defendant's convictions for child abuse and second-degree murder). Furthermore, “a defendant may not take advantage of self-invited error or error of [her] own making.”
Id.In reliance upon the Southern District's analysis in Coody, this Court, in State v. Mendoza, 115 S.W.3d 873, 876 (Mo.App. W.D.2003), likewise held that a court entering convictions for both second-degree murder and abuse of a child does not violate a defendant's right to be free from double jeopardy. In Mendoza, the defendant averred that his double jeopardy rights were violated because he was twice punished for the same offense in that child abuse is a lesser included offense of second-degree felony murder.
Id.In reliance upon the Southern District's analysis in Coody, this Court, in State v. Mendoza, 115 S.W.3d 873, 876 (Mo. App. W.D. 2003), likewise held that a court entering convictions for both second-degree murder and abuse of a child does not violate a defendant's right to be free from double jeopardy. In Mendoza, the defendant averred that his double jeopardy rights were violated because he was twice punished for the same offense in that child abuse is a lesser included offense of second-degree felony murder.
Before PAUL M. SPINDEN, P.J., JAMES M. SMART, JR., and JOSEPH M. ELLIS, JJ. Prior report: 115 S.W.3d 873. Order
The State subsequently charged Mr. Mendoza with felony child abuse and second-degree murder. See State v. Mendoza, 115 S.W.3d 873, 875 (Mo.App.W.D. 2003). A jury convicted Mr. Mendoza of these crimes, and this court affirmed.