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Date: 05-18-2019
Case Style:
State of Missouri vs. Anthony R. Villeme
Case Number: ED105967
Judge: Kurt S. Odenwald
Court: MISSOURI COURT OF APPEALS EASTERN DISTRICT
Plaintiff's Attorney: Garrick F.D. Aplin
Defendant's Attorney: Andrew S. Garnett
Description:
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Anthony R. Villeme (“Villeme”) appeals from the trial court’s judgment following a jury trial convicting him of elder abuse in the first degree. Villeme raises two points on appeal. Villeme first contends that the trial court erred in refusing his consent-defense jury instruction. Villeme next argues that the trial court erred in not allowing Villeme the opportunity to argue in support of his motion for acquittal at the close of all evidence.
Outcome: Because Villeme alleges instructional error but has not appended the refused jury instruction to the record on appeal as required by Rule 84.04, Villeme fails to preserve his first point for review. Because Villeme did not affirmatively request to orally argue his motion for acquittal at the close of all evidence, the trial court did not plainly err in ruling on the acquittal motion without oral argument. Accordingly, the trial court's judgment is affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: