State v. Weaver

HAROLD L. LOWENSTEIN, Judge.

Following a jury trial, William Weaver was found guilty of first-degree assault, Section 565.050, 1 and armed criminal action, Section 571.015. He was then sentenced by the trial judge to thirty years imprisonment on each count to be served consecutively. Weaver now appeals, claiming that he was denied his right to be sentenced by a jury under Section 557.036. The judgment is affirmed.

I. Underlying Facts

Weaver had an altercation with his brother, Rusty Weaver. Later, when a neighbor agreed to drive Rusty to different location, Weaver shot the neighbor with a…