State v. Brittain

James Brittain (Defendant) was found guilty in a court-tried case of the class D felony of first-degree property damage and the unclassified felony of armed criminal action (ACA). See §§ 569.100, 571.015.1 Defendant challenges only his ACA conviction. He contends the trial court erred in overruling Defendant's motion for judgment of acquittal on the ACA charge because the State presented insufficient evidence that he committed first-degree property damage by means of a "dangerous instrument." See § 556.061(9). He argues that the metal pipe he used to damage property was not a dangerous…