State Missouri v. Wilbur Lewis Book Reviews

State Missouri v. Wilbur Lewis by Missouri Court of Appeals Western District Book Summary

The defendant Lewis was convicted on separate counts of robbery second degree [ § 569.030, RSMo 1978], stealing [ § 570.030] and burglary first degree [ § 569.160]. The defendant was charged as a dangerous felon [under § 558.016] in each count. The jury returned sentences of ten years for robbery, five years for stealing and ten years for burglary. The court ordered that the multiple sentences run consecutively. The court, after evidence, expressly determined that the twenty-five year sentences returned by the jury were a sufficient punishment, and so withheld exercise of the power to enhance punishment against the defendant as a dangerous offender under § 558.016.1 PART I The defendant contends, first, that the trial was made unfair by the requirement to wear a green shirt with County Jail, Co. Jail, or a like legend, on the back. He contends that this apparel with the jailhouse mark infringed the presumption of innocence due the defendant on a criminal trial. No doubt, to compel an accused to display himself to the jury in attire readily identified as prison dress, disparages the presumption of innocence and impairs a fair trial. Estelle v. Williams, 425 U.S. 501, 504 (1976). The record shows no compulsion of dress, and so no infringement of right. The complaint relates to the second day of the proceedings. The first day was taken with voir dire. The evidence does not show what the defendant wore that first day, but the colloquy on the post-trial motion intimates that it was personal apparel. Nor does the record suggest why that dress was no longer suitable on the successive day. From what appears, the defendant was presented for trial on that second day clothed in black trousers and suede shoes - both personal accoutrements - but in a green blouse furnished by the jailer. The court noted in comment:

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