State v. Garcia, 561 S.W.3d 856 (2018)

Sept. 18, 2018 · Missouri Court of Appeals, Eastern District, DIVISION FOUR · No. ED 105599
561 S.W.3d 856

STATE of Missouri, Respondent,
v.
Sheila GARCIA, Appellant.

No. ED 105599

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

FILED: September 18, 2018
Motion for Rehearing and/or Transfer to Supreme Court Denied October 22, 2018
Application for Transfer Denied December 18, 2018

Matthew J. Bell, 1010 Market St., Suite 1100, St. Louis, MO 63101, for appellant.

Joshua D. Hawley, Garrick Aplin, P.O. Box 899, Jefferson City, MO 65102-+, for respondent.

Before Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

ORDER

PER CURIAM

The State charged Sheila Garcia ("Garcia") with one count of unlawful possession of a firearm after an officer seized a revolver and Garcia's identification from a vacant building. The trial court denied Garcia's motion to suppress the revolver as evidence. At the instruction stage, the trial court refused Garcia's request for Missouri Approved Instructions-Criminal § 310.06 (1987) ("MAI-CR 310.06"). Garcia challenges these rulings on appeal. Because Garcia lacked standing to challenge the officer's search and seizure of the revolver and was not prejudiced by the trial court's refusal to deliver the jury instruction offered by Garcia, we affirm the trial court's judgment.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment of the trial court is affirmed in accordance with Rule 30.25(b).