Missouri Court of Appeals, Southern District / Date unavailable
STATE OF MISSOURI, Plaintiff-Respondent v. DUSTIN WYNNE LEYBA, Defendant-Appellant
Dustin Wynne Leyba was convicted of second-degree harassment for sending vulgar text messages to A.H. On appeal, Leyba challenged the sufficiency of the evidence identifying him as the sender and the admission of Facebook posts as evidence. The appellate court affirmed the conviction, finding sufficient circumstantial evidence, including a text message response with his name, a matching Facebook profile, and police tracing the phone number to him. The court also concluded that the trial court did not abuse its discretion in admitting the Facebook posts, as there was sufficient foundation based on distinctive characteristics and a matching profile picture.