State v. Simmons

GARY M. GAERTNER, Presiding Judge.

Defendant was convicted by a jury in the City of St. Louis Circuit Court on one count of burglary second degree, RSMo § 569.-170 (1986), for which he was sentenced to one year imprisonment, and one count of unlawful use of a weapon, RSMo § 571.-030.1(1) (1986), for which he was sentenced to one year imprisonment and fined five dollars. The prison sentences are to run concurrently. On appeal, defendant alleges the trial court erred in (1) overruling his motion for judgment of acquittal at the close of all the evidence and (2) in refusing defendant’s offered…