State v. Goins

DON E. BURRELL, Judge.

Appellant Frankie J. Goins (“Defendant”) was charged with the class C felony of stealing by deceit pursuant to section 570.030.1 The case was tried to a jury. At the close of the evidence, the jury was instructed on both the charged offense and a lesser charge of statutory “substantial step” attempt to commit stealing by deceit pursuant to section 564.011, RSMo 2000. After deliberation, the jury entered a verdict finding Defendant guilty of the lesser offense (punishable as a class D felony) and assessing a punishment of “no imprisonment, but a fine, in an amount to be…