Opinion
No. ED 110525
12-27-2022
STATE of Missouri, Respondent, v. Kenneth WEAVER, Appellant.
FOR APPELLANT: John S. Appelbaum, Missouri Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101. FOR RESPONDENT: Evan Buchheim, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.
FOR APPELLANT: John S. Appelbaum, Missouri Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.
FOR RESPONDENT: Evan Buchheim, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.
Before Kelly C. Broniec, P.J., Philip M. Hess, J., and James M. Dowd, J.
ORDER
PER CURIAM
Kenneth Weaver ("Defendant") appeals the trial court's judgment finding him guilty of one count of domestic assault in the second degree, one count of domestic assault in the third degree, and one count of kidnapping in the third degree. Defendant raises two points on appeal. In his first point on appeal, Defendant argues that the trial court abused its discretion by admitting evidence of Defendant's prior physical abuse of A.W. because the evidence amounted to improper propensity evidence. In his second point on appeal, Defendant argues the trial court abused its discretion in sentencing Defendant in a manner Defendant alleges punished him for exercising his constitutional right to a jury trial. Because the trial court did not abuse its discretion in admitting evidence of Defendant's prior abuse of A.W., and because Defendant's sentence was not improperly enhanced as a punishment for exercising his constitutional right to a jury trial, we affirm.
A written opinion would have no precedential value nor serve any jurisprudential purpose. We have provided the parties a memorandum setting forth the reasons for our decision. We affirm the judgment of the trial court under Rule 30.25(b).