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State v. Grubb

Citations: 128 S.W.3d 906; 2004 Mo. App. LEXIS 412; 2004 WL 555431Docket: No. WD 61532

Court: Missouri Court of Appeals; March 22, 2004; Missouri; State Appellate Court

Narrative Opinion Summary

Joseph Grubb's appeal against his convictions and sentences for three counts of first-degree statutory sodomy under section 566.062.1, RSMo 2000, is based on the argument that his prior military court-martial conviction should not have been considered for sentencing as a prior offender. The court has determined that a published opinion in this case would hold no precedential value, resulting in the issuance of a memorandum to the involved parties. Ultimately, the judgment against Grubb is affirmed, pursuant to Rule 30.25(b).

Legal Issues Addressed

Affirmation of Judgment under Rule 30.25(b)

Application: The court affirmed the judgment against Grubb based on procedural rule, despite the appeal.

Reasoning: Ultimately, the judgment against Grubb is affirmed, pursuant to Rule 30.25(b).

Consideration of Prior Military Conviction in Sentencing

Application: The court considered Joseph Grubb's prior military court-martial conviction in determining his sentencing as a prior offender, despite his argument against this consideration.

Reasoning: Joseph Grubb's appeal against his convictions and sentences for three counts of first-degree statutory sodomy under section 566.062.1, RSMo 2000, is based on the argument that his prior military court-martial conviction should not have been considered for sentencing as a prior offender.

Non-Precedential Value of Court Opinion

Application: The court decided that a published opinion would not serve precedential purposes for this case, opting to issue a memorandum to the parties involved instead.

Reasoning: The court has determined that a published opinion in this case would hold no precedential value, resulting in the issuance of a memorandum to the involved parties.