State of Missouri, Respondent, v. Lee Stulce, Jr., 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. Lee Stulce, Jr., Appellant. Case Number: 53822 Handdown Date: 02/03/1998 Appeal From: Circuit Court of Cole County, Hon. Thomas L. Sodergren Counsel for Appellant: Mark A. Richardson Counsel for Respondent: Anji Gandhi Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Ulrich, C.J., Smart and Ellis, J.J., concur. Opinion: ORDER Lee Stulce, Jr. appeals his convictions following bench trial for resisting arrest, section 575.150, RSMo 1994, and a term of sixty days imprisonment in the county jail, suspended execution, and two years probation. Mr. Stulce raises three points on appeal. He contends the trial court erred in (1) convicting him where the evidence was insufficient to establish he resisted arrest; (2) failing to grant his motion to dismiss because section 575.150 is unconstitutionally vague; and (3) directing the prosecutor to make an opening statement after she had initially declined to do so. The judgment of conviction is affirmed. Rule 30.25(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.