Missouri Court of Appeals, Southern District / Aug 22, 2024
STATE OF MISSOURI, Plaintiff-Respondent v. D'ERECK WHITNEY, Defendant-Appellant
Defendant D'Ereck Whitney appealed his convictions for murder, armed criminal action, assault, unlawful use of a weapon, and property damage. He argued the trial court erred by admitting a YouTube video and that there was insufficient evidence for his first-degree assault convictions. The appellate court affirmed the admission of the video, finding the defendant "opened the door" to its admission. However, the court reversed several first-degree assault convictions due to insufficient evidence of specific intent, remanding for entry of convictions for the lesser-included offense of fourth-degree assault.