STATE OF MISSOURI v. GARRY L. FILBECK

Garry Filbeck appeals his bench-tried convictions on two counts of felony stealing. The state’s theory was that Filbeck aided and abetted Howard Perryman’s theft of six cattle from Danny Vaughn on February 12, 2012, and that the thefts were felonies per § 570.030.3(3)(j), 1 which provided that “any offense in which the value of property or services is an element is ,a class C felony if .., [t]he property appropriated consists of ... [a]ny animal considered livestock_”

This court affirmed Filbeck’s convictions pursuant to Rule 30.25(b) on April 6, 2016. On October 6, 2016, our supreme court…