Legal Opinion · Dissent

State v. Sigmon

Missouri Court of Appeals

Decided April 25, 2017No. ED 104056Published

1Dissent

DISSENT

Gary M. Gaertner, Jr., J.

I respectfully dissent in part. Because 1 believe the element of a course of conduct involving two or more acts is present when viewing the evidence in the light most favorable to the conviction for aggravated stalking, I would affirm the judgment in this respect.

It is undisputed that Defendant’s actions toward Officer Stafford constituted harassment, but as the majority notes, to be convicted of aggravated stalking, Defendant must have committed more than one act of harassment toward Officer Stafford. State v. Mabry, 285 S.W.3d 780, 788 (Mo. App. E.D. 2009).…

2Cases cited7 opinions

  1. State v. VandevereSupreme Court of Missouri · 2005
  2. State v. MabryMissouri Court of Appeals · 2009
  3. State v. BernhardtMissouri Court of Appeals · 2011
  4. State v. LasleyMissouri Court of Appeals · 2004
  5. M.L.G. v. R.W.Missouri Court of Appeals · 2013

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