State v. Cloyd

VICTOR C. HOWARD, Chief Judge.

After a jury trial, Clifton Cloyd was convicted of one count of domestic assault in the second-degree under section 565.073. 1 He now appeals, alleging the trial court erred in permitting the State to proceed on a superceding indictment that charged felony domestic assault rather than misdemeanor assault, as did the initial indictment. He also claims that the State lacked sufficient evidence to prove each element of domestic assault because the victim did not “reside” with him.

Facts and Procedural Background

After being kicked out of her mother’s home, the victim,…