STATE v. SCOTT

No. WD 69483.

278 S.W.3d 208 (2009)

STATE of Missouri, Respondent, v. Andy Don SCOTT, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied March 31, 2009.


Attorney(s) appearing for the Case

Georgia A. Mathers, Jefferson City, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary H. Moore, Shaun J. Mackelprang, Jefferson City, MO, for Respondent.

Before: ALOK AHUJA, P.J., HAROLD L. LOWENSTEIN, J., and THOMAS H. NEWTON, C.J.


THOMAS H. NEWTON, Chief Judge.

Mr. Andy Don Scott appeals the judgment for a conviction of leaving the scene of a motor vehicle accident in violation of § 577.060.1. On appeal, he asserts that the circuit court erred in submitting Instruction No. 5, the verdict director for the offense, because it conflicted with the substantive law in § 577.060.1.

Factual and Procedural Background

At approximately 9:00 p.m. on August 28, 2007, Mr. Andy...

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