STATE v. BORST

WD 83910.

643 S.W.3d 586 (2022)

STATE of Missouri, Respondent, v. Coty Jack BORST, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 1, 2022.

Application for Transfer Denied May 17, 2022.


Attorney(s) appearing for the Case

Kathryn M. Merwald , Kansas City for appellant.

Kristen S. Johnson , Jefferson City for respondent.

Before Special Division: Alok Ahuja, P.J., and Mark D. Pfeiffer and Thomas N. Chapman, JJ.


Following a jury trial in the Circuit Court of Platte County, Coty Borst was convicted of second-degree murder and armed criminal action. Borst appeals. He argues that there was a fatal variance between the murder offense for which he was indicted, and the offense of which he was convicted. We reverse and remand for a new trial...

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