State v. Wilkes

In this jury-tried case, defendant appeals his conviction of attempt to steal property valued at $150.00 or more, a class D felony under § 564.011 RSMo 19861 and § 570.030. Defendant was sentenced as a persistent offender to five years imprisonment. We reverse.

Viewed in the light most favorable to the verdict, the following evidence was adduced at trial. On August 7, 1993, St. Louis County Police Officer Edward Roediger was informed of an attempted larceny of an air-conditioning unit from a residence on Halls Ferry Road in St. Louis County. The witness who had reported the crime gave the…