State v. Roberson

HAROLD L. LOWENSTEIN, Judge.

The appellant, Steven Roberson, was found guilty, after a bench trial, of misdemeanor third-degree domestic assault, pursuant to Section 565.074.1(5), 2 against his wife. Roberson questions: (1) the constitutionality of the statute providing that, where no jury trial is demanded, a bench trial will be provided for defendants charged with misdemeanors; and (2) the sufficiency of the evidence supporting the trial court’s judgment. As Roberson did not raise the constitutional challenge before the trial court, the question is not properly preserved for appellate…