State v. Hogshooter

GREENE, Chief Judge.

Defendant, Robert Hogshooter, was jury-tried and convicted of stealing two Santa Gertrudis bulls, a class C felony, § 570.030.-2(3)(h).1 The jury recommended a five-year sentence, which was enhanced by the trial court to eight years’ imprisonment due to Hogshooter’s three prior felony convictions.

Hogshooter raises three issues on appeal which are 1) insufficient evidence to support the conviction, 2) lack of speedy trial, and 3) a fatal variance between the verdict directing instruction (No. 6) and the evidence.

The state’s evidence at trial established that two registered…