State v. Colenburg

SIMON, Judge.

James Colenburg, defendant, was convicted by a jury of murder in the second degree, in violation of § 565.021.1(2) RSMo 1986 (all further RSMo references are to 1986 unless otherwise noted) and leaving the scene of an accident, in violation of § 577.060. Defendant was sentenced to concurrent terms of imprisonment of fifteen years and five years respectively.

On appeal, defendant contends that the trial court erred in: (1) denying his motion to dismiss on the grounds of prosecutorial vindictiveness because the evidence showed that when he exercised his constitutional right to…