Missouri Court of Appeals, Eastern District / Feb 15, 2022
Candice R. Gillam, Appellant, vs. State of Missouri, Respondent.
Candice R. Gillam appealed the denial of her Rule 24.035 motion for post-conviction relief, arguing her convictions for possession of a controlled substance and first-degree endangering the welfare of a child violated the Double Jeopardy Clause. She contended that possession was a lesser-included offense of child endangerment. The appellate court affirmed the motion court's judgment, concluding that under the "same elements test," the two offenses are not lesser-included and therefore do not constitute multiple punishments for the same offense.