Legal Opinion

State v. Hollensbe

Missouri Court of Appeals

Decided September 30, 1986No. 50684PublishedCited by 3 opinions

1Opinion of the Court

CARL R. GAERTNER, Presiding Judge.

Appellant was convicted after a jury-waived trial of assault in the second degree, “recklessly causing serious physical injury to another person.” § 565.060.1(3), RSMo.Cum.Supp.1984. The trial court imposed a five year sentence, but suspended its execution, placing defendant on probation for five years with special conditions. Defendant appeals, claiming 1) the evidence adduced at trial fails to show he caused serious physical injury to the victim, and 2) he was unconstitutionally denied assistance of counsel at sentencing. We affirm.

The evidence introduced…

2Cases cited5 opinions

  1. Mempa v. RhaySupreme Court of the United States · 1967
  2. State Ex Rel. O'Brien v. MurphyMissouri Court of Appeals · 1979
  3. State v. ManningMissouri Court of Appeals · 1984
  4. State v. AdamsMissouri Court of Appeals · 1983
  5. Nickelson v. StateMissouri Court of Appeals · 1979

3Cited by3 opinions

  1. State v. BriggsMissouri Court of Appeals · 1987
  2. State v. GoodsonMissouri Court of Appeals · 1997
  3. State ex rel. Dunn v. DaltonMissouri Court of Appeals · 1990

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