State of Missouri, Respondent, v. April L. Waller, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: State of Missouri, Respondent, v. April L. Waller, Appellant. Case Number: WD64173 Handdown Date: 05/31/2005 Appeal From: Circuit Court of Lafayette County, Hon. John G. Miller Counsel for Appellant: Brian J. Klopfenstein Counsel for Respondent: Julie A. Cahalane and Terrence M. Messonnier Opinion Summary: April Waller appeals from a conviction in a judge-tried case for littering in violation of section 577.070, RSMo 2000, a class A misdemeanor. Waller argues on appeal that the evidence received by the trial court was insufficient to withstand her motion for judgment of acquittal. REVERSED. Division Two holds: The evidence admitted at trial was insufficient to withstand Waller's motion for judgment of acquittal. The conviction is reversed, and Waller is ordered discharged. Citation: Opinion Author: PER CURIAM Opinion Vote: REVERSED. Spinden, P.J., Howard and Newton, JJ., concur. Opinion: April L. Waller ("April") appeals from a conviction in a judge-tried case in the Circuit Court of Lafayette County for littering in violation of section 577.070 RSMo 2000, a class A misdemeanor. In her sole point on appeal, April claims the evidence received by the trial court was insufficient to withstand her motion for judgment of acquittal. The facts and issues of law are identical to State v. Gary Waller , WD 64172, and we adopt the opinion from that case

handed down concurrently with this opinion. The evidence admitted at trial was insufficient to withstand April's motion for judgment of acquittal. The conviction is reversed, and April is ordered discharged. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.