holding additional legal basis contained only in argument section and not set forth in point relied not preserved for review
How later courts described this case
- holding additional legal basis contained only in argument section and not set forth in point relied not preserved for review
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING OR TRANSFER
Before Rahmeyer, Lynch, and Burrell, J.J.
PER CURIAM.
In her timely post-opinion Motion to Rehear or Transfer to the Missouri Supreme Court, Defendant claims that “[t]his Court erred in its ‘Factual and Procedural Background’ on page 2 of the opinion” in stating, “Trooper McDonald asked if he could step inside; Defendant agreed[.]” Defendant asserts in her motion that “[t]he record before this Court directly and irrefutable [sic] disputes these findings.” This assertion not only ignores our standard of review of the denial of a motion to suppress, as set forth on page 3 of our opinion, but it is factually incorrect. Lines 15 through 20 on page 69 of the trial transcript reflect that Trooper McDonald testified at Defendant’s trial as follows:
Q: And then after being greeted by her what happened next?
A: I explained to her my reason for being there and asked if I could step inside, to which she agreed, and I stepped just inside the doorway[.]”
(Emphasis added).'
Defendant’s motion is denied.