Where a defendant who robbed a bank did not make statements threatening physical force, the conviction for second-degree robbery was not supported by sufficient evidence and the case is remanded for a conviction on the lesser-included offense of stealing.
Dissenting opinion by Mitchell, J.: “I believe the majority misinterprets the statutory elements and fails to consider relevant facts that, when coupled with our deferential standard of review, demonstrate that there was sufficient evidence that Coleman knowingly engaged in conduct that threatened the immediate use of physical force, I respectfully dissent.”
State v. Coleman (MLW No. 66986/Case No. WD76520 – 16 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Callaway County, Crane, J. (Robert J. Bartholomew for respondent) (Amy M. Bartholow for appellant).