Case Number: ED105080

Judge: James M. Dowd

Court: MISSOURI COURT OF APPEALS EASTERN DISTRICT

Plaintiff's Attorney: David Bruns

Defendant's Attorney: Evan J. Buchheim

Description: Germone Cunningham appeals the judgment of conviction entered following a jury trial in the Circuit Court of the City of St. Louis finding him guilty of one count of second-degree felony murder and one count of armed criminal action. On appeal, Cunningham contends that there was insufficient evidence to support the judgment of conviction on either count.

Outcome: There was sufficient evidence to convict Cunningham of armed criminal action predicated on his commission of first-degree attempted robbery. The State showed that Cunningham affirmatively aided his accomplice’s attempted robbery, and since his accomplice used a gun in the attempted robbery, Cunningham likewise affirmatively aided him in the armed criminal action. Cunningham misstates the State’s burden in arguing that he cannot be found guilty of armed criminal action because the State failed to prove that he personally used a dangerous instrument or deadly weapon during the commission of the first-degree attempted robbery.

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