State v. McGuire

KAROHL, Judge.

Brian D. McGuire (defendant) appeals after sentence for assault of a law enforcement officer, third degree, § 565.083.1(3) RSMo 1994. He was sentenced to thirty days imprisonment. We reverse and order defendant discharged.

On April 17, 1995, Officer Matt Wolfe received a call for noise disturbance at a particular residence. He went to the residence and observed three men,- one of whom later identified as defendant, working on a pickup truck parked in the driveway. The owner of the truck informed Officer Wolfe he was attempting to fix the vehicle because it flooded. The officer…