Opinion
No. ED89409
June 3, 2008
Appeal from the Circuit Court of St. Charles County Cause No. CR194-1592FX Honorable William T. Lohmar.
Lisa M. Stroup, St. Louis, MO, for appellant.
Jeremiah W. (Jay) Nixon, Karen L. Kramer, Jefferson City, MO, for respondent.
Before: Kathianne Knaup Crane, P.J., Robert G. Dowd, Jr., J., and Kenneth M. Romines, J.
ORDER
Michael Teer appeals from the judgment of the Circuit Court of St. Charles County, the Honorable William T. Lohmar presiding. A jury convicted Teer of four counts of involuntary manslaughter, § 565.024 RSMo. (2000), and one count of second degree assault, § 565.060.1(4) RSMo. (2000); all arising from an automobile accident Teer caused while driving under the influence of alcohol. The trial court sentenced him as a prior offender to four years imprisonment in the Missouri Department of Corrections on each count, to be served consecutively, totaling twenty years. This Court affirmed his conviction on direct appeal, State v. Teer, 959 S.W.2d 930 (Mo.App.E.D. 1998), but reversed and remanded for an evidentiary hearing his second post-conviction motion for ineffective assistance of appellate counsel, Teer v. State, 198 S.W.3d 667 (Mo.App.E.D. 2006). Teer was successful on remand. The trial court then resentenced him on 23 February 2007, to the same sentence of twenty years. He now appeals his sentence.
Teer raises one claim of error on appeal. He argues that the trial court erred in allowing the State to amend its information to charge Teer as a prior offender after the jury began deliberations, in violation of § 558.021.2 RSMo. (2000). The State argues any error was harmless. See State v. Kilgore, 771 S.W.2d 57 (Mo. banc 1989); State v. Jennings, 815 S.W.2d 434 (Mo.App.E.D. 1991); State v. Tate, 752 S.W.2d 393 (Mo.App.E.D. 1988).
We have reviewed the briefs and the record on appeal, and no error of law appears. Thus, a written opinion would serve no jurisprudential purpose. The parties have been given a memorandum, for their information only, setting forth the reasons for this order. The judgment is affirmed pursuant to Rule 30.25(b).
AFFIRMED.
Kathianne Knaup Crane, PJ, Robert G. Dowd, Jr., J Kenneth M. Romines, J concurring.