STATE v. DUHART (2023)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. James D. DUHART, Appellant.

WD 85725

Decided: October 17, 2023

Before Division Three: Karen King Mitchell, P.J., and Alok Ahuja and Edward R. Ardini, Jr., JJ.

Katharine P. Curry, Columbia, MO, for Appellant. Anjali Ghandi, Jefferson City, for Respondent.

ORDER

Following a bench trial in the Circuit Court of Cole County, James Duhart was convicted of the class A misdemeanor of assault in the fourth degree under § 565.056, RSMo. Duhart appeals. He argues that the circuit court should have drawn an adverse inference against the State, pursuant to the spoliation doctrine, because of the State's failure to produce a video recording from the police patrol car in which the assault occurred. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties setting forth the reasons for this order. Rule 30.25(b).

PER CURIAM:

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