State v. Smith

Laura Denvir Stith, Judge,

concurring and dissenting. ■

While I concur with the holdings in Sections I and III in the majority opinion, I dissent from the holding in Section II-that this Court’s decision in State v. Bazell, 497 S.W.3d 263 (Mo. banc 2016), applies to charges of felony stealing of $500 or more but less than $25,000 under, section 570.030.3d).1.

*234The majority’s holding is based on the premise that the elements of the offense of stealing $500 or more are set out solely in section 570.030.1, which states in relevant part, “A person commits the crime of stealing if he or she…