State v. Maggard

PARRISH, Judge.

Billy Joe Maggard (defendant) was convicted of assault in the second degree, a class C felony.1 § 565.060.1(4).2 He was sentenced to imprisonment for a term of two years and payment of a fine in the amount of $500.

Defendant appeals his conviction contending the state was collaterally estopped from charging him with the offense for which he was found guilty because a prior charge of the same offense had been dismissed. Defendant also contends there was not sufficient evidence from which a jury could find him guilty. This court affirms.

On the morning of March 21, 1990, defendant…