Missouri Court of Appeals, Eastern District / May 25, 2021
State of Missouri, Respondent, v. Viron Ganaway, Appellant.
Viron Ganaway appealed his convictions for first-degree robbery, resisting a lawful stop, and two counts of armed criminal action. He argued the trial court erred by denying his motion to suppress evidence, contending the traffic stop was unlawful, and by entering a conviction for resisting a lawful stop due to a fatal variance between the charge and jury instructions. The Eastern District affirmed the judgment, holding that officers had probable cause for the stop based on observed traffic violations, and that the variance in the resisting charge was not prejudicial because Ganaway's defense applied to both variations of the offense.