[DOWNLOAD] "State Missouri v. Alan M. Mctush" by Supreme Court of New Mexico ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Alan M. Mctush
- Author : Supreme Court of New Mexico
- Release Date : January 24, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellant, Alan M. McTush, was charged by a three-count information filed in the Circuit Court of Cape Girardeau County with assault in the first degree, § 565.050.1(1), RSMo 1986, armed criminal action, § 571.015.1, RSMo 1986, and attempted robbery in the first degree, §§ 564.011.1, 569.020.1(2), RSMo 1986. After a bench trial, the trial court found appellant guilty of all charges. The court sentenced appellant to consecutive terms of twenty, ten, and fifteen years respectively. Appellant appealed only from the convictions for assault in the first degree and attempted robbery in the first degree. Requesting plain error review under Rule 30.20, he asserted that the trial court erred by entering judgment and sentence against him for both first degree assault and attempted first degree robbery because the court violated appellants right to be free from double jeopardy as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Section 19, of the Missouri Constitution. The Missouri Court of Appeals, Eastern District, affirmed but ordered the case transferred to this Court, pursuant to Rule 83.02, for reexamination of the holding of State v. Richardson, 460 S.W.2d 537 (Mo. banc 1970). The judgment is affirmed.