State of Missouri v. Levi Scott Elliott

Levi Scott Elliott (“Levi”) 1 was convicted, following a jury trial in Benton County, Missouri, of murder in the second degree, section 565.021, 2 armed criminal action, section 571.015, and tampering with a motor vehicle, section 569.080. Levi was sentenced to consecutive terms of imprisonment of twenty years, five years, and.five years, respectively. Levi raises two claims of error in his appeal. First, Levi claims that the trial court erred in not sua sponte preventing the State from entering a nolle prosequi and refiling the charges because this deprived Levi of the opportunity to be…