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STATE v. ROBERSON

No. WD 67133.

248 S.W.3d 33 (2008)

STATE of Missouri, Respondent, v. Steven W. ROBERSON, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 4, 2008.

Application for Transfer Denied April 15, 2008.

Attorney(s) appearing for the Case

Gary E. Brotherton, Esq., Columbia, MO, for appellant.

William D. Abele, Esq., Boonville, MO, for respondent.

Before BRECKENRIDGE, P.J., LOWENSTEIN and HOLLIGER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 4, 2008.

HAROLD L. LOWENSTEIN, Judge.

The appellant, Steven Roberson, was found guilty, after a bench trial, of misdemeanor third-degree domestic assault, pursuant to Section 565.074.1(5),2 against his wife. Roberson questions: (1) the constitutionality of the statute providing that, where no jury trial is demanded, a bench trial will be provided for defendants...

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