State v. McCabe

MARK D. PFEIFFER, Judge.

Ricky Eugene McCabe (“McCabe”) appeals his conviction after a jury trial in Boone County, Missouri (“trial court”), for the class B felony of possessing a prohibited article of property in or about the premises of a county jail that may be used in such manner as to endanger the safety or security of the institution, section 221.111.1(4), RSMo Cum.Supp.2009. McCabe moved for a judgment of acquittal notwithstanding the verdict, or in the alternative, a motion for new trial. The motion was overruled, and the trial court sentenced McCabe as a prior and persistent offender…