State v. Wynn

CARL R. GAERTNER, Presiding Judge.

Appellant appeals his jury conviction of stealing third offense in violation of § 570.040 RSMo.1986, and his sentence of five years imprisonment. We affirm.

On December 23, 1987, at approximately 5:00 p.m., appellant entered a J.C. Penney’s store in south St. Louis County. Harry Evans, a store security officer, was in an observation tower in the men’s department. Mr. Evans noticed a very tall man1 enter the store. The man, later identified as appellant, had nothing in his hands at that time. Mr. Evans then left the observation tower and followed appellant. He…