State v. Shivelhood

GARRISON, Judge.

Following a jury trial, Rodney Shivelhood (Defendant) was convicted of attempting to steal property worth over $150 in violation of §§ 564.011 and 570.030,1 and was sentenced to three years’ imprisonment. Defendant challenges the sufficiency of the evidence to support his conviction, and the propriety of the verdict-directing instruction submitted to the jury. We affirm.

Defendant, his wife, and children went shopping at Wal-Mart on December 12,1994. Following their arrival, Defendant and his ten-year old son, Tony, separated from the rest of the family and went to the…