State v. Smith

CLEMENS, Senior Judge.

A jury found defendant David Smith guilty of second degree burglary. The trial court sentenced him as a previous felon to ten years in prison. Here, defendant makes three challenges: Sufficiency of the evidence, admitting hearsay testimony and applying the persistent offender statute. We affirm.

Appointed counsel, Hon. Mark J. Pelts of Kennett ably served defendant both at trial and on appeal.

The state’s evidence: A store clerk gave defendant permission to use the restroom. Instead defendant went into the adjoining office and was heard rattling coins. When the owner’s…