STATE v. TATHAM (2021)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Ryan Anthony TATHAM, Appellant.

WD 83690

Decided: August 03, 2021

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

Eric S. Schmitt, Attorney General, and Michel A. Trapasso, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent. Jeffrey R. Nilson, Sedalia, MO, Attorney for Appellant.

Order

Ryan Tatham appeals, following a bench trial, his convictions of two counts of attempted first-degree robbery, §§ 562.012, 570.023; and one count of second-degree kidnapping, § 565.120, for which he was sentenced to concurrent terms of five, five, and four years’ imprisonment, respectively. Tatham raises four points on appeal, all challenging the sufficiency of the evidence supporting his convictions. In Points I, II, and IV, he argues that the evidence was insufficient to support his attempted robbery convictions in that there was no evidence of a substantial step, a deadly weapon, or failure to complete the attempted crime. In Point III, he argues that the evidence was insufficient to support his kidnapping conviction in that there was no evidence that he either restrained or exposed the victim to a substantial risk of serious physical injury. Finding no error, we affirm. Rule 30.25(b).

Per Curiam:

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