State v. Ballenger

THOMAS H. NEWTON, Judge.

Mr. Joel Clark Ballenger appeals his conviction of attempting to steal anhydrous ammonia, a class A misdemeanor in violation of § 570.030.4.1 We reverse.

I. Factual and Procedural Background

On January 17, 2001, at approximately 12:30 a.m., two Moniteau County Sheriffs Deputies were on surveillance of a farm in Moniteau County. Earlier in the day, one of the farm’s co-owners, Mr. Tim Blankenship, had contacted the sheriffs office when he saw three individuals on his property in a blue and white Oldsmobile. After stopping and speaking with these individuals, they left the…