State v. Gargus

GARY M. GAERTNER, JR., Judge.

Introduction

Linda Gargus (Gargus) appeals the trial court’s entry of judgment and sentence upon a jury’s verdict finding her guilty of elder abuse in the first degree. On appeal, she argues the trial court erred, first, in entering judgment against her because the State merely proved that she failed to act when she did not have a duty to act; second, in submitting Instruction No. 8 to the jury; and third, in overruling her request for a mistrial because the jury returned inconsistent verdicts. We affirm.

Background

The State of Missouri charged Gargus with the class…