State v. Myszka

RIEDERER, Judge.

Appellant David Myszka, after a jury trial in the circuit court of Platte County, appeals his conviction for murder in the second degree, § 565.021.1 RSMo, 1 and armed criminal action, § 571.015.1. We affirm.

Facts

In the early morning hours of April 28, 1995, Janice Rodriguez,(“deceased”) while at her residence at 615 Thomas Street, Weston, Platte County, Missouri, died as a result of a gunshot wound to her chest. The deceased lived at 615 Thomas Street with her fourteen year-old son, Jarrod Dustin Rodriguez (“J.D.”) and Appellant, the deceased’s boyfriend.

J.D. testified that…