State v. Johnson

DOWD, Judge.

Defendant-appellant, E. Larry Johnson, was found guilty by a jury of second degree burglary under § 569.170, RSMo 1978. The defendant appeals his sentence as a persistent offender to a term of fifteen years imprisonment.

As the defendant does not challenge the sufficiency of the evidence, we shall set forth only those facts necessary to the disposition of this appeal. A tavern in Farmington, Missouri was burglarized and a number of items stolen including a jukebox, a cigarette machine, and money. The stolen items were traced to the possession of the defendant.

During final argument…