STATE v. KELLY (2024)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Quayde Nicholas KELLY, Appellant.

WD 85950

Decided: January 30, 2024

Before Division Four: Gary D. Witt, Presiding, Mark D. Pfeiffer, Judge and W. Douglas Thomson, Judge

Gregory L. Barnes, Jefferson City, MO, for respondent. Ellen H. Flottman, Columbia, MO, for appellant.

ORDER

Quayde Nicholas Kelly (“Kelly”) appeals the judgment of the Circuit Court of Callaway County, Missouri (“trial court”), finding him guilty, following a jury trial, of trafficking in the second degree, section 579.068, and sentencing him to twelve years’ imprisonment. On appeal, Kelly claims that the trial court erred in admitting into evidence the methamphetamine found in the car he was driving because the search was based upon a statement Kelly gave while in custody without having been given a Miranda warning and also abused its discretion in overruling defense counsel's objection to the prosecutor's reference to Kelly as a “mule.” We affirm the judgment and sentence of the trial court. Rule 30.25(b).

Per Curiam:

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