State v. Smith

REINHARD, Judge.

Defendant was convicted by a jury of stealing property of a value over $150, a class C felony under § 570.030, RSMo. 1978. The court sentenced him to a term of five years in the Division of Corrections, in accordance with the jury assessment, and to an additional term of three years, to run consecutively with the five-year term, after the court found the defendant to be a persistent offender under § 558.016, RSMo. 1978.

On appeal, defendant contends that the court erred in denying his motion for acquittal because the state’s evidence was insufficient to support a verdict of the…