Legal Opinion

State v. Fleming

Missouri Court of Appeals

Decided March 13, 2018No. WD 79158PublishedCited by 4 opinions

1Opinion of the CourtAnthony Rex Gabbert, Judge

LaDavid Fleming appeals a trial court's order to pay $1250 in restitution, after a jury convicted him of burglary in the second degree, pursuant to Section 569.170.1 The court sentenced him to seven years imprisonment, in addition to ordering restitution. Fleming raises two points on appeal. First, he alleges the trial court erred, because it lacked authority to order restitution under Section 559.105, in that there was no evidence any victim suffered a quantifiable loss due to Fleming's offense. Second, he argues the trial court erred, because its failure to re-address the restitution amount…

2Cases cited5 opinions

  1. Lane v. LensmeyerSupreme Court of Missouri · 2005
  2. State v. CollinsSupreme Court of Missouri · 2011
  3. State ex rel. Bowman v. InmanSupreme Court of Missouri · 2017
  4. State of Missouri v. Jonathan L. FieldsMissouri Court of Appeals · 2016
  5. Moore v. HighwayMissouri Court of Appeals · 2017

3Cited by4 opinions

  1. State of Missouri v. Gilbert GarciaMissouri Court of Appeals · 2019
  2. State of Missouri v. Marvin YoungMissouri Court of Appeals · 2019
  3. State of Missouri v. Randy G. TeterMissouri Court of Appeals · 2021
  4. State of Missouri v. Thomas J. Savage, IIIMissouri Court of Appeals · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API