State v. Holliday

CLEMENS, Judge.

The state charged defendant Donald Holliday with attempting to steal property of unstated value (§ 556.150, RSMo.). In a jury-waived trial the court found him guilty of stealing and sentenced him to six months’ imprisonment. The state does not challenge defendant’s point on appeal that he was charged with one offense and improperly convicted of a greater one. We must either remand for re-sentencing, or reverse outright for plain error if the evidence fails to support the charge. Rule 27.20(c); State v. Potter, 530 S.W.2d 268[1] (Mo.App.1975).

We examine the state’s evidence to…