State v. Petary

HIGGINS, Judge.

Donald Eugene Petary was convicted by a jury of first degree murder, section 565.-020.1, RSMo 1986; punishment was fixed at death. Judgment was entered accordingly. Affirmed.

Appellant charges the trial court erred: in overruling his motions for acquittal and for a new trial; in allowing evidence of unadjudicated crimes during the penalty phase; and in overruling his motion for the appointment of a second psychiatrist. He contends further that prosecutorial discre tion to waive a request for the death penalty renders its imposition arbitrary and capricious.

Appellant also charges…