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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.
Sufficient evidence
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).
Read the full text of this opinion. (PDF)
