State v. Baker

CRIST, Judge.

Defendant Ricky Lee Baker appeals from the judgment and ten year sentence on his conviction by a jury of first degree robbery, § 569.020.-1(4), RSMo.1978. His two points on appeal assign error to the denial of his motion to exclude from evidence a pistol seized by police officers during a warrant-less search of an apartment where defendant was arrested. The trial court concluded defendant lacked “standing” to contest the search and seizure. We agree, and affirm.

With exceptions not relevant here, the constitutionality vel non of a search and seizure is determined on hearing a…