State of Missouri v. Khiry Devon Summers

Khiry D. Summers appeals his convictions, following a jury trial, of second-degree (felony) murder (§ 565.021, RSMo 1 ), first-degree robbery (§ 569.020), and armed criminal action, (§ 571.015), for which he was sentenced to twenty-three years’ incarceration. Summers also challenges his consecutive sentence for armed criminal action. We affirm the convictions but remand for resentencing on the armed criminal action conviction.

Background

Viewed in the light most favorable to the verdict, 2 the evidence at Summers’ trial showed that in April 2012, Summers and two others, Tracy Session and…