Missouri Court of Appeals, 2011

State v. Smith

State v. Smith
Missouri Court of Appeals · Decided January 11, 2011 · Welsh, Pfeiffer, Mitchell
328 S.W.3d 828; 2011 Mo. App. LEXIS 4; 2011 WL 65918 (South Western Reporter, Third Series)

State v. Smith

Opinion

Order

PER CURIAM:

Vernando Smith appeals the judgment of the Circuit Court of Platte County (“trial court”) in which Smith was convicted of, and sentenced for, assault of a law enforcement officer in the first degree and armed criminal action. On appeal, Smith argues that the trial court plainly erred in what Smith deems as sentencing retaliation by the trial court triggered by Smith’s decision to exercise his constitutional right to trial. Finding no evidence in the record to support Smith’s sentencing retaliation claim, we affirm in this per curiam order and have provided the parties a legal memorandum explaining our legal reasoning for today’s ruling. Rule 30.25(b).

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