State v. Fain

CROW, Judge.

Appellant (“Fain”), tried by the court without a jury, was found guilty of the class C felonies of burglary in the second degree, § 569.170, RSMo 1978, and stealing property of the value of at least $150, § 570.030, RSMo 1978, as amended by Laws 1981, pp. 638-39. Sentenced as a persistent offender, § 558.016, RSMo 1978, as amended by Laws 1981, p. 636, he received concurrent terms of eight years’ imprisonment. His sole contention on appeal is that items seized from him at or after his arrest should have been excluded from evidence because the arresting officers lacked probable…