Criminal
Self-defense negated
The State had the burden to disprove beyond a reasonable doubt the defendant’s claim of self-defense. “Self-defense only provides a defense … when the danger is imminent, not when the victim is in retreat.” Self-defense with deadly force included an element of reasonable belief that deadly force was necessary to avoid death, serious injury, or a forcible felony. The State rebutted that reasonable belief with evidence that the defendant shot the unarmed victim four times — twice while the victim was fleeing and twice more while the victim was on the ground — so the circuit court did not err in denying the defendant’s motion for acquittal. The record showed that the circuit court based its sentence on the parties’ agreement, in which the defendant “shrewdly” waived jury sentencing, including findings of fact supporting a greater sentence, so the Missouri Court of Appeals declined plain error review of the sentence and affirmed the convictions.
State of Missouri, Respondent, v. Daryl Clemmons, Appellant
Missouri Court of Appeals, Eastern District – ED113421
