STATE v. DUNCAN (2024)

Order

Bradley Duncan appeals, following a jury trial, his convictions of first-degree domestic assault, § 565.072; armed criminal action, § 571.015; and unlawful use of a weapon, § 571.030, for which the court sentenced him in accordance with the jury's recommendation to fifteen years’ imprisonment for both domestic assault and armed criminal action and four years’ imprisonment for unlawful use of a weapon. The court ran the sentences consecutively for a total of thirty-four years’ imprisonment. Duncan raises three claims on appeal. First, he argues that the trial court erred in overruling his pretrial motion to dismiss based on an allegation that the Miller County jailers eavesdropped on his confidential communications with counsel. Second, he argues that the trial court erred in admitting testimony from his ex-wife (the identified victim of the domestic assault charge) regarding the nature of their relationship because it allegedly lacked legal relevance. And, finally, he argues that the trial court plainly erred in failing to issue findings of fact and conclusions of law when overruling his pretrial motion to dismiss. Finding no error, we affirm. Rule 30.25(b).

Per Curiam: