State Missouri v. Otis Montgomery

Dowd, P.J. Otis Montgomery was convicted of second degree burglary, and pursuant to the Second Offender Act was sentenced to ten years in the Missouri Department of Corrections. On appeal, Montgomery contends that the trial court erred in two respects. First, it is asserted that the trial court committed plain error in denying Montgomery's motion for a judgment of acquittal at the close of all the evidence because the State offered insufficient evidence on the ""breaking"" element. Second, it is asserted that the court committed plain error in allowing the arresting officer to testify to a statement made by Montgomery's estranged wife.