State v. Lutjen

SHANGLER, Judge.

The defendant was convicted by a jury of burglary first degree [§ 569.160, RSMo 1978], stealing without consent [§ 570.030, RSMo Supp.1982], and of the unlawful use of weapons [§ 571.030.1(4), RSMo 1982], The court determined that the defendant was a persistent offender and sentenced him to consecutive terms of ten, three and two years on the respective counts. The defendant contends there was no substantial evidence to sustain the conviction on count III: Unlawful Use of a Weapon, and contends also that it was error to allow a prosecution witness to contradict alibi defense…