From Casetext: Smarter Legal Research

State v. Simpson

Missouri Court of Appeals, Western District.
Feb 4, 2014
419 S.W.3d 914 (Mo. Ct. App. 2014)

Opinion

No. WD 75971.

2014-02-4

STATE of Missouri, Respondent, v. Jayson M. SIMPSON, Appellant.

Appeal from the Circuit Court of Buchanan County, Missouri, Patrick K. Robb, Judge. Gabriel E. Harris and Evan J. Buchheim, Jefferson City, MO, for respondent. Nancy A. McKerrow, Columbia, MO, for appellant.


Appeal from the Circuit Court of Buchanan County, Missouri, Patrick K. Robb, Judge.
Gabriel E. Harris and Evan J. Buchheim, Jefferson City, MO, for respondent. Nancy A. McKerrow, Columbia, MO, for appellant.
Before Division Two: GARY D. WITT, Presiding Judge, LISA WHITE HARDWICK, Judge and ALOK AHUJA, Judge.



ORDER


PER CURIAM:

Jayson Simpson (“Simpson”) was convicted of unlawful use of a weapon, a class D felony, in violation of section 571.030.1(4), by a Buchanan County jury. The court sentenced him to two years in prison. Simpson timely appeals. Simpson was involved in an argument and discharged a weapon several times during the altercation. At trial, Simpson testified that he had discharged his weapon in defense of his female passenger; however, he did not call her to testify at trial. In his sole point on appeal, Simpson argues that the trial court erred in allowing the State to argue an adverse inference in its closing argument due to Simpson's failure to call his female passenger as a witness. He argued that she was equally available to both parties. We disagree and affirm. Rule 30.25(b). A memorandum explaining our decision has been provided to the parties.


Summaries of

State v. Simpson

Missouri Court of Appeals, Western District.
Feb 4, 2014
419 S.W.3d 914 (Mo. Ct. App. 2014)
Case details for

State v. Simpson

Case Details

Full title:STATE of Missouri, Respondent, v. Jayson M. SIMPSON, Appellant.

Court:Missouri Court of Appeals, Western District.

Date published: Feb 4, 2014

Citations

419 S.W.3d 914 (Mo. Ct. App. 2014)