Legal Opinion

State v. Love

Missouri Court of Appeals

Decided April 22, 2004No. 25655PublishedCited by 15 opinions

1Per curiam

Donald C. Love (defendant) appeals convictions for four counts 1 of sexual misconduct in the first degree, class A misdemeanors. § 566.090. 2 Defendant waived trial by jury. This court affirms the judgment of conviction for the offenses charged in Counts I, IV and V, and reverses the conviction for the offense charged in Count III.

Defendant was tried by the circuit court without a jury.

When a defendant waives trial by jury, the trial court’s findings have the force and effect of a jury verdict. State v. Marshell, 825 S.W.2d 341, 342 (Mo.App.1992); Rule 27.01(b). “[A]ppellate review is as…

2Cases cited12 opinions

  1. State v. GiffinSupreme Court of Missouri · 1982
  2. State v. AndersonSupreme Court of Missouri · 2002
  3. State v. BarrinerSupreme Court of Missouri · 2000
  4. State v. SmithMissouri Court of Appeals · 2000
  5. State v. MartinMissouri Court of Appeals · 1994

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. GainesMissouri Court of Appeals · 2010
  2. State v. ErnstMissouri Court of Appeals · 2005
  3. State v. McMeansMissouri Court of Appeals · 2006
  4. State v. CritesMissouri Court of Appeals · 2013
  5. State v. CastoeMissouri Court of Appeals · 2012

10 more not listed; retrieve them via the Exa API.

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