STATE v. ARMSTRONG (2024)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Benjamin Joseph ARMSTRONG, Appellant.

WD 85965

Decided: July 30, 2024

Division Two: Thomas N. Chapman, Presiding Judge, Karen King Mitchell, Judge and W. Douglas Thomson, Judge

Alex Beezley, for Respondent. Jedd C. Schneider, for Appellant.

ORDER

Benjamin Joseph Armstrong (“Armstrong”) was convicted of unlawful use of a weapon and harassment in the second degree following a jury trial in the Circuit Court of Pettis County (“trial court”). Armstrong raises one point on appeal. He claims the trial court erred in overruling his motion for judgment of acquittal, accepting the jury's verdict for the count of unlawful use of a weapon, and entering sentence and judgment on said count, because there was insufficient evidence that the pocketknife possessed by Armstrong was “readily capable of lethal use,” an element of the offense of unlawful use of a weapon. Finding no error, we affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum which sets forth the reasons for this order. Rule 30.25(b).

PER CURIAM:

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