Missouri Court of Appeals, Western District / May 4, 2021
State of Missouri vs. Khamis D. Pitiya
Khamis Pitiya appealed his convictions for two counts of felony resisting arrest and one count of armed criminal action following a bench trial. The appellate court affirmed his conviction for the first count of resisting arrest, rejecting his double jeopardy claim that his resistance was a continuous course of conduct. However, the court reversed his felony conviction for the second count of resisting arrest, finding insufficient evidence to elevate it to a felony, and remanded for entry of a misdemeanor conviction. Consequently, the armed criminal action conviction, which was predicated on the felony resisting arrest, was also reversed and vacated.