Where a defendant challenged his convictions including second-degree burglary and felony stealing, the second-degree burglary conviction is reversed because the state failed to show that the defendant knowingly entered a part of a church that was not open to the public and the state also failed to prove that the value of a stolen television was $500 or more, so a conviction for stealing is amended to the lesser-included offense of misdemeanor stealing.
Opinion concurring in part; dissenting in part by Ahrens, J.: “There was sufficient circumstantial evidence to support the defendant’s conviction for burglary in the second degree.”
Judgment is reversed in part; modified and remanded in part; and affirmed in part.
State v. Brown (MLW No. 67156/Case No. ED100244 – 32 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.) Appealed from circuit court, St. Charles County, Cunningham, J. (Samuel Buffaloe for appellant) (Chris Koster and Andrew C. Hooper for respondent).
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