State Missouri v. Bernard Bryant by Court of Appeals of Missouri

State Missouri v. Bernard Bryant

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GARY M. GAERTNER, Presiding Judge Defendant Bernard Bryant appeals from a jury conviction for first degree robbery, RSMo 569.020 (1986), armed criminal action, RSMo § 571.015 (1986), stealing a motor vehicle, RSMo 570.030 (1986), and felonious restraint, RSMo § 565.120 (1986). He was sentenced as a prior offender to concurrent sentences of life imprisonment for first degree robbery, twenty years for armed criminal action, seven years for stealing a motor vehicle and seven years for felonious restraint. Defendant raises two points on appeal. He alleges that the prosecutor's comments during closing argument were improper. He also argues that the trial court erred in admitting incriminating statements made by the defendant because they were involuntary. Finding defendant's contentions to be without merit, we affirm. The evidence reveals that on July 7, 1985, the victim, Arthur Stawiszynski, seventy-three, was robbed by two men as he got out of his vehicle. Defendant approached the victim, said he had a gun, and demanded victim's money. The victim replied that he had no money. The assailants then went through his pockets and struck and kicked him. They next put the victim on the driveshaft mound on the floor of his truck and drove off with him. Defendant was the driver of the vehicle. As the assailants drove away with the victim, defendant threatened to kill him. The assailants took several items of jewelry from victim's person. The victim was eventually thrown out of the truck while it was still moving.

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