State v. Carlson

LOWENSTEIN, Judge.

The appellant was jury convicted of the class C felony of second degree assault, § 565.060.1(3), RSMo 1986, and sentenced to five years as a persistent offender. This statute proclaims a class C felony for recklessly causing serious physical injury to another person. Under § 562.016.4:

A person ‘acts recklessly’ or is reckless when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the…