In re T.B., No. ED 96283.

• Court: Court of Appeal of Missouri (US)
• Writing for the Court: KENNETH M. ROMINES
• Citation: 351 S.W.3d 243
• Parties: In the Interest of: T.B.
• Docket Number: No. ED 96283.
• Decision Date: 25 October 2011

351 S.W.3d 243

In the Interest of: T.B.

No. ED 96283.

Missouri Court of Appeals, Eastern District, Division Two.

Oct. 25, 2011.

[351 S.W.3d 243]

Patricia Ann Harrison, St. Louis University Law Clinic, Brocca Smith, St. Louis, MO, for appellant.

Glenn Hunt, Margaret Gangle–Casinger, St. Louis, MO, for respondent.

Background and Procedural History KENNETH M. ROMINES, J.

This is a sufficiency of the evidence case.

On 25 January 2011, the Juvenile Division of the City of St. Louis Circuit Court found that the Juvenile Officer had proven beyond a reasonable doubt that T.B. had committed the offense of stealing in violation of Section 570.030(3).¹

At trial, Jessie Charleston (Victim) testified that on 28 December 2010, a 1993 Dodge Intrepid was parked in front of his home. Victim testified that his mother owned the car, but he had possession of it with her permission.

[351 S.W.3d 244]

Victim stated that around 12:00 p.m. on 28 December while inside his home, he heard a sound like brakes “skirting” or trying to move. When he looked out his window, Victim saw the car was gone. He then ran outside and saw the car running at the end of his street. The driver's side door was open. As Victim walked toward the car, a head popped up in front of it. The person appeared to be inspecting the tires or underside of the car. Victim approached this person and asked what he was doing. At this point, Victim was at the back of the car and the person was at the front. The person ran away. Victim testified that he never saw the person in the car. After the person ran away, Victim looked inside the car and saw that the ignition had been torn out.

Approximately 20–30 minutes after the incident, police arrested T.B. a few blocks away and handcuffed him. Police brought Victim to where they had arrested T.B. and Victim identified him as the person he had seen in front of the car.

At the close of evidence T.B. filed a motion for judgment of acquittal which was denied. The court ruled that T.B. had committed the offense of stealing.

Standard of Review

Juvenile proceedings are reviewed under the same standard as any other court-tried case. In re J.A.H., 293 S.W.3d 116, 119 (Mo.App. E.D.2009).

In reviewing a challenge to the sufficiency of evidence, this court's role is to “determine whether enough evidence was produced at trial that a reasonable person could conclude that the accused was guilty.” This court will not weigh the evidence. Evidence that supports the verdict is accepted as true, and the State is accorded all favorable inferences therefrom. Adverse evidence and inferences are disregarded.

State v. Martin, 211 S.W.3d 648, 651 (Mo.App. W.D.2007).

Discussion

In his sole point on appeal, T.B. claims there was insufficient evidence to find that he had committed the offense of stealing because the State failed to prove every element of the offense beyond a reasonable doubt. Specifically, T.B. claims the State failed to prove that Teresa McKenzie, mother of Victim, owned the car, or that T.B. intended to deprive Ms. McKenzie of her property.

Section 570.030 provides: “A person commits the crime of stealing if [1] he or she appropriates property or services [2] of another [3] with the purpose to deprive him or her thereof, [4] either without his or her consent or by means of deceit or coercion.” In a juvenile proceeding the State must still prove every element of the charged offense beyond a reasonable doubt. In re J.A.H., 293 S.W.3d at 120.

T.B. complains that the State failed to prove that the car was the property...