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State v. Bell10/30/2000
e that Kenneth Campbell was being arrested for felony assault on a law enforcement officer, as there was evidence of a severe and prolonged attack upon the arresting officer by Kenneth Campbell and his brother, Gregg Campbell. But the evidence falls short of establishing this basis for arrest beyond a reasonable doubt. There was a variety of charges for which Kenneth Campbell could have been arrested. It would have been simple for the State to show what the officer was arresting Campbell for. Failing to show this, when it could have been easily established, casts doubt on the State's contentions. Defendant's point is well taken.
Outright reversal is not required, as the evidence left no doubt that Defendant did interfere with an arrest and the jury so found. Therefore, in accordance with the holdings in such cases as State v. O'Brien, 857 S.W.2d 212, 220 (Mo. banc 1993) and State v. Granger, 966 S.W.2d 27, 29-30 (Mo.App. 1998), the judgment of conviction for the class D felony of interfering with an arrest is to be set aside and a judgment of conviction for the class A misdemeanor of interfering with an arrest shall be entered and Defendant sentenced accordingly. The cause is remanded for the trial court to so proceed.
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