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STATE OF MISSOURI, Respondent, vs. ANDRE CLARK, Appellant.

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No. SD28072 Opinion filed: November 19, 2008

APPEAL FROM THE CIRCUIT COURT OF MISSISSIPPI COUNTY, MISSOURI Honorable Fred W. Copeland, Judge AFFIRMED. Andre Clark ("Appellant") appeals his convictions following a bench trial for two counts of the Class A felony of murder in the second degree, violations of section 565.021, and one count of the Class A felony of assault in the first degree, a violation of section 565.050.1 Appellant was sentenced to three

Appellant was initially charged with two counts of murder in the first degree per section 565.020, one count of assault in the first degree, and three counts of armed criminal action under section 571.015. After the State filed its "Notice of Intent to Seek the Death [P]enalty," Appellant entered into a plea agreement with the State whereby he agreed to waive his right to a jury trial in
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consecutive life sentences for the aforementioned crimes. In his sole point relied on, Appellant challenges the trial court's denial of his motion for judgment of acquittal because there was insufficient evidence adduced at trial to support his convictions. We affirm the judgment of the trial court. Viewing the evidence in the light most favorable to the trial court's verdict, State v. Jackson, 248 S.W.3d 117, 120 (Mo.App. 2008), the record reveals that at approximately 3:40 p.m. on June 17, 2004, Appellant placed three 911 phone calls to the Charleston Department of Public Safety in which he requested police assistance at a home on Grand Street in Charleston, Missouri.2 Lieutenant Michael Tarver ("Lieutenant Tarver") and Officer Brandon Caid ("Officer Caid") were the first officers to arrive on the scene. Appellant _______________________________ exchange for dismissal of the armed criminal action charges and reduction of the first degree murder charges to charges of second degree murder. All statutory references are to RSMo 2000. All three 911 calls were played at trial. In the first phone call Appellant merely stated his address before hanging up. In the second phone call he "calm[ly]" requested police be dispatched because "some people [ ] . . . from [Las] Vegas . . . killed [his] fianc

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