Missouri Court of Appeals, Eastern District / Date unavailable
State of Missouri, Respondent, vs. Desmond Harris, Appellant.
Desmond Harris appealed his sentencing, arguing the trial court plainly erred by considering prior charges without evidence proving them by a preponderance. The appellate court agreed, finding that merely summarizing charging language from prior cases, which were not part of the same underlying case, was insufficient to establish that Harris committed those offenses. Consequently, the trial court's consideration of these unproven charges constituted plain error.