Legal Opinion

State v. Johnson

Missouri Court of Appeals

Decided September 22, 1992No. WD 45427PublishedCited by 12 opinions

1Opinion of the Court

TURNAGE, Presiding Judge.

Gervais E. Johnson was charged by a first amended information with sexual abuse in the first degree, § 566.100, RSMo 1986,1 and that he was a prior and persistent offender under § 558.016. A jury found Johnson guilty and the court sentenced him to five years imprisonment as a prior and persistent offender. Johnson contends that the trial court plainly erred in finding him to be a prior and persistent offender under § 557.036 and § 558.016 and in submitting jury Instruction No. 4 patterned after MAI-CR 3d 302.04. Judgment affirmed.

Johnson does not challenge the…

2Cases cited8 opinions

  1. State v. BlankenshipSupreme Court of Missouri · 1992
  2. Wehrli v. Wabash Railroad CompanySupreme Court of Missouri · 1958
  3. Hanson v. StateCourt of Criminal Appeals of Oklahoma · 1986
  4. Hewitt v. MastersSupreme Court of Missouri · 1966
  5. State v. JohnsonMissouri Court of Appeals · 1992

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. DenzmoreMissouri Court of Appeals · 2014
  2. State v. PageMissouri Court of Appeals · 2010
  3. Dudley v. StateMissouri Court of Appeals · 1995
  4. State v. SchnelleMissouri Court of Appeals · 2013
  5. State v. LoweryMissouri Court of Appeals · 1996

7 more not listed; retrieve them via the Exa API.

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