STATE v. TOESE (2022)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Toese Punaotala TOESE, Appellant.

WD 84531

Decided: April 19, 2022

Division Four: Cynthia L. Martin, Chief Judge, Thomas N. Chapman, Judge and W. Douglas Thomson, Judge

Daniel McPherson, Jefferson City, for Respondent Irene C. Karns, Columbia, for Appellant

ORDER

Toese Punaotala Toese appeals the trial court's judgment convicting him after a bench trial of third-degree domestic assault, tampering with a victim, second-degree domestic assault, and three counts of fourth-degree domestic assault. On appeal, Toese claims the trial court plainly erred when it proceeded to a bench trial without first questioning Toese on the record to determine whether his waiver of a jury trial was knowingly executed in violation of his right to a trial by jury as guaranteed by both the United States and Missouri Constitutions. Toese claims the record does not demonstrate with unmistakable clarity that he knowingly, intelligently, and voluntarily waived his right to a trial by jury. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 30.25(b).

PER CURIAM:

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