Missouri Court of Appeals, Western District / Apr 18, 2023
State of Missouri vs. Justin Andrew Marks
Justin Andrew Marks appealed his convictions for domestic assault, second and third degree, following a jury trial. Marks argued the trial court plainly erred in sentencing him and submitting a verdict-directing instruction due to a discrepancy between the charging document's mental state and the jury instruction. He also challenged the sufficiency of the evidence for "physical injury." The appellate court affirmed the judgment, finding no plain error regarding the charging document and jury instruction variance, and concluding there was sufficient evidence to support the conviction for knowingly causing physical pain.