State v. McNair, 14584
| Decision Date | 15 October 1986 |
| Docket Number | No. 14584,14584 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Dennis Eugene McNAIR, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
Jon Van Arkel, Asst. Public Defender, Springfield, for defendant-appellant.
Following nonjury trial defendant was convicted of second-degree burglary, possession of burglary tools, and attempted stealing. He was sentenced to 15 years for burglary, 3 years for possession of burglary tools, the sentence to run consecutively with the sentence for burglary, and 3 years for attempted stealing to run concurrently with the sentences for burglary and possession of burglary tools.
Defendant was found and arrested inside a retail establishment in Springfield known as PFI Feed and Western Store. Defendant does not dispute the evidence showing that he broke into the building. He contends in his first point that the state failed to establish that he intended to commit any crime after gaining entry to the building and therefore could not have been found guilty of burglary.
This contention has no merit. There was evidence that when apprehended defendant was wearing items belonging to the owners of the store, and he admitted that once inside the store, he had put several of the owner's items in a box. Moreover, evidence that a person broke into a building which contains merchandise is sufficient for the trier of fact to find that the breaking was done with intent to steal. State v. Danley, 669 S.W.2d 77 (Mo.App.1984); State v. Lawrence, 566 S.W.2d 243, 246-247 (Mo.App.1978). This point is denied.
Defendant asserts in his remaining point that the trial court erred in failing to sustain his "motion to dismiss in that Count III [attempted stealing] of the felony information should have been dismissed because a conviction as to Count III, in conjunction with Count I [burglary], subjected appellant to double jeopardy by imposing multiple convictions for the same offense."
Section 564.011.1, RSMo 1978, states:
A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he does any act which is a substantial step towards the commission of the offense. A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to...
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J.N.C.B. v. Officer
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