Missouri Court of Appeals, Western District / Date unavailable
State of Missouri vs. Cody Lee Kiser
Cody L. Kiser appealed his conviction for the class E felony of resisting a lawful stop, arguing there was insufficient evidence to support the felony enhancement for creating a substantial risk of serious physical injury. Kiser was convicted after a jury trial and sentenced as a prior and persistent offender to six years' imprisonment. The appellate court affirmed the conviction, finding that evidence of Kiser's excessive speed and driving into oncoming traffic while passing other vehicles was sufficient for a reasonable juror to find a substantial risk of serious physical injury or death.