State v. Grubb

WILLIAM RAY PRICE, JR., Judge.

I

Joseph Grubb was convicted of two counts of assault in the second degree in violation of section 565.060, RSMo 2000.1 He was sentenced as a prior offender pursuant to Missouri’s recidivism statute, section 558.016, because he had previously pleaded guilty to assault in a military court-martial. Grubb appealed. After an opinion by the Court of Appeals, Western District, this Court granted transfer. Mo. Const, art. V, sec. 10. The judgment is affirmed.

II

In October 2001, a jury found Grubb guilty of two counts of assault. At trial, evidence was presented that Grubb…