State v. Miller

REINHARD, Judge.

A jury convicted defendant of attempted first degree burglary, § 564.011, RSMo 1986; the court sentenced him as a prior and persistent offender to 15 years’ imprisonment. He appeals; we affirm.

The state’s evidence shows that at approximately 9:00 a.m. on January 4, 1987, Antionette Brown was walking in the back of her mother’s house where her two brothers were staying. She passed two men in the alley and exchanged greetings with them. She recognized one of the men as an employee of a nearby confectionary she frequented. Antionette proceeded to the front of the house.

Meanwhile,…