State v. Davis

REINHARD, Judge.

Defendant was convicted of second degree burglary, § 569.170, RSMo.1978. He was sentenced as a persistent offender to 10 years imprisonment. He appeals. We affirm.

The sufficiency of the evidence is not challenged; however, a brief recitation of the facts is necessary for a resolution of the issues raised on appeal. On the evening of February 21, 1984, at approximately 9:30 p.m., Richard Spink and Karen Trentham were parked in the 4600 block of Pennsylvania Street across from the home of Spink’s friend Steven Singler, waiting for Singler to return home from a union meeting.…