State v. Wanner

KELLY, Judge.

Forest John Wanner appeals from a jury conviction of third degree assault, § 565.070 RSMo 1986, and resisting arrest, § 575.150 RSMo 1986. The trial court, having found him to be a persistent offender, § 558.016 RSMo 1986, sentenced him to one year imprisonment and to six months imprisonment, respectively. Appellant was fined $1,000 for each offense. We affirm in part and reverse in part.

The state’s evidence showed that on August 20, 1986, Officer Keeler was on duty and parked in his patrol car near the intersection of Geyer and Essex in Kirkwood, Missouri. At approximately 1:30…