State v. Billingsley, 572 S.W.3d 164 (2019)

April 23, 2019 · Missouri Court of Appeals, Eastern District, DIVISION TWO · No. ED 106164
572 S.W.3d 164

STATE of Missouri, Respondent,
v.
John F. BILLINGSLEY, Appellant.

No. ED 106164

Missouri Court of Appeals, Eastern District, DIVISION TWO.

Filed: April 23, 2019

FOR APPELLANT: Jessica Hathaway, Rosenblum Schwartz & Fry, 120 South Central Avenue, Suite 130, St. Louis, Missouri 63105, Robert Taaffe, Jr., Taaffe & Associates, L.C.C., 1015 Locust Street, Suite 725, St. Louis, Missouri 63101.

FOR RESPONDENT: Robert J. Bartholomew, Jr., Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J. and Mary K. Hoff, J.

ORDER

PER CURIAM

John Billingsley ("Defendant") appeals judgment entered after a jury verdict convicting him of the class A felony of child kidnapping. Defendant was sentenced to ten years imprisonment as a prior and persistent offender.

For his only point on appeal, Defendant argues the trial court plainly erred in admitting allegedly inadmissible and prejudicial testimony from T. M., the mother ("the Mother") of the child-victim ("A.W."). The Mother noted she had observed similarities between the clothing worn by Defendant when her child identified him as the kidnapper on the day of his arrest and the hearsay evidence of the child's statements describing the clothing worn by the kidnapper six days earlier, when A.W. was kidnapped.

We have reviewed the briefs of the parties and the record on appeal and find that the trial court did not plainly err. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for use of the parties setting forth the reasons for the decision.

*165The judgment is affirmed under Rules 30.25.1