State v. Callen

PATRICIA BRECKENRIDGE, Judge.

The trial court convicted Joseph Callen of committing a hate crime, § 557.035.2, RSMo 2000, 1 by trespass in the first degree, § 569.140, and sentenced him to four years in prison. On appeal, Mr. Callen raises two points. First, he claims the State failed to prove that there was a victim of his act of trespass whose status could be used to enhance his crime under the hate crime statute. Second, he argues the evidence was insufficient to support the hate crime conviction because there was no evidence that his trespass was motivated by race. Because this court finds…