OTT LAW

State of Missouri, Appellant, v. John D. Polhmann, Respondent.

Decision date: Unknown

Opinion

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: State of Missouri, Appellant, v. John D. Polhmann, Respondent. Case Number: No. 72446 Handdown Date: 07/08/1997 Appeal From: Circuit Court of Franklin County, Hon. John C. Brackmann Counsel for Appellant: Charles S. Birmingham Counsel for Respondent: Frank K. Carlson Opinion Summary: None Citation: Opinion Author: Per Curiam Opinion Vote: Before Clifford H. Ahrens, C.J., Lawrence G. Crahan, J., and Robert G. Dowd Jr., J. Opinion: WRIT DIVISION FIVE ORDER The state filed this interlocutory appeal pursuant to Sec. 547.200.1(2), RSMo 1994, to review the action of the trial court in granting defendant's motion to suppress evidence. We affirm. Our review of a motion to suppress is limited to a determination of whether the evidence is sufficient to support the trial court's order. State v. Lanear, 805 S.W.2d 713, 715 (Mo. App. 1991). "If the trial court's ruling is plausible in light of the record viewed in its entirety this court may not reverse it even though convinced that had it been sitting as trier of fact, it would have weighed the evidence differently." State v. Smith, 926 S.W.2d 689, 692 (Mo. App. 1996). Deference is given to the trial court's superior opportunity to assess the credibility of the witnesses and to weigh the evidence. Id. We have carefully reviewed the evidence in this case and find that there was sufficient evidence to support the trial court's order. No jurisprudential purpose would be served by an extended written opinion. Rule 30.25(b).

The order of the trial court is affirmed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

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