State v. Berryhill

CLEMENS, Senior Judge.

A jury found defendant Cortez Berryhill guilty of attempted first-degree burglary of Cornell Harvey’s home. This is a Class B felony under Section 569.160.1.(3) and 564.011.2, RSMo. 1978. The court sentenced defendant as a persistent offender to five years in prison. He appeals, challenging sufficiency of the evidence.

Under the attempt statute a person is guilty when he does any act which is a substantial step toward committing the offense. The statute defines “substantial step” as “conduct which is strongly corroborative of the firmness of the actor’s purpose to…