State v. Rank

Defendant appeals from a judgment of the Circuit Court of Pettis County convicting him of attempted stealing of property *462valued in excess of $150., § 564.011, R.S. Mo.1978 (defining attempt), § 570.030, R.S. Mo.Supp.1983 (defining stealing), and sentencing him to six years’ imprisonment. The defendant had been found by the court to be a persistent offender as defined in § 558.016.3, R.S.Mo.Súpp.1983. The defendant now complains of improper submission to the jury of the attempted stealing because the evidence established a eonsu-mated theft. We affirm the judgment.

On April 13, 1982, defendant,…