State v. Turner

Decision Date21 June 1983
Docket NumberNo. 45540,45540
PartiesSTATE of Missouri, Respondent, v. Richard TURNER, Appellant.
CourtMissouri Court of Appeals

William J. Shaw, Public Defender, Clayton, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George R. Westfall, Pros. Atty., Clayton, for respondent.

REINHARD, Judge.

Defendant appeals after his conviction by a jury of the offense of stealing over $150.00 in violation of § 570.030, RSMo. 1978. The court found defendant to be a persistent offender and sentenced him to 10 years' imprisonment.

The state introduced evidence of the following facts. At approximately 11:00 p.m. on July 12, 1981, Officer Naylor of the Berkeley Police Department checked the doors and windows at the Gateway Outlet Discount Store and found them intact. At approximately 12:30 a.m. that same evening, he received a message from his dispatcher that an anonymous female caller had reported a suspicious black male walking south on Garfield Street and carrying an armful of clothes. The officer drove in that direction and, approximately two and one half blocks from the Gateway Outlet Discount Store, saw defendant who had his arms filled with clothing. Defendant looked toward the police car, dropped the clothes, and increased his pace. Officer Naylor noticed all the clothes, 18 pairs of pants and a jogging suit, had sales tags on them, and he placed the defendant under arrest. The officer also noticed that defendant had a cut on his forehead which was bleeding. Later, the officer returned to the Gateway Outlet Discount Store and discovered a jagged hole two feet by four feet in one of the store windows. Owners of the store reported that numerous items of clothing were missing and, at trial, one of them identified the clothes found in possession of the defendant as having come from the store.

Defendant testified that, at the time of his arrest, he was on his way home from a party and that he had bought the clothes from a man named Woody. He stated he cut himself in a fight at the party.

In his sole point on appeal, defendant contends the trial court erred in overruling his objection "when the state, during cross-examination of the appellant, went into the details of the crimes leading to the prior convictions of the appellant, specifically by giving the names of the victims in the prior crimes as well as other facts and circumstances surrounding the disposition of those offenses."

At the end of defendant's direct examination, defense counsel asked defendant if he had been convicted of any crimes. Defendant answered that he had been convicted of burglary, attempted burglary, and stealing from a person. Defense counsel then asked defendant if he had had trials in those cases. Defendant responded in the negative. Defense counsel then asked if defendant had pleaded guilty in those cases, and defendant replied he had. Finally, defense counsel asked, "Why didn't you plead guilty to this burglary and stealing charge today?" Defendant replied, "Because I'm not guilty."

On cross-examination, the prosecuting attorney...

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7 cases
  • State v. Easley, 65113
    • United States
    • United States State Supreme Court of Missouri
    • December 20, 1983
    ...v. Baker, 636 S.W.2d 902, 906-07 (Mo. banc 1982), cert. denied, 459 U.S. 1183, 103 S.Ct. 834, 74 L.Ed.2d 1027 (1983); State v. Turner, 655 S.W.2d 710, 711 (Mo.App.1983). The trial court committed no error in denying defendant's motion in limine. The situation in this case does not involve t......
  • State v. Gregory
    • United States
    • Court of Appeal of Missouri (US)
    • February 6, 2001
    ...1994); State v. Skelton, 887 S.W.2d 699, 704 (Mo.App. 1994); State v. Light, 871 S.W.2d 59, 62 (Mo.App. 1994); State v. Turner, 655 S.W.2d 710, 711 (Mo.App. 1983). Phillips did not change Since the ruling in Phillips does not prevent a criminal defendant with prior convictions from testifyi......
  • State v. Stewart, WD
    • United States
    • Court of Appeal of Missouri (US)
    • May 25, 1999
    ...(Mo.App.1994); State v. Skelton, 887 S.W.2d 699, 704 (Mo.App.1994); State v. Light, 871 S.W.2d 59, 62 (Mo.App.1994); State v. Turner, 655 S.W.2d 710, 711 (Mo.App.1983). Phillips did not change Since the ruling in Phillips does not prevent a criminal defendant with prior convictions from tes......
  • State v. Brown, 48730
    • United States
    • Court of Appeal of Missouri (US)
    • July 23, 1985
    ...error which in a close case might call for reversal may be disregarded as harmless if the evidence of guilt is strong. State v. Turner, 655 S.W.2d 710, 712 (Mo.App.1983). In the instant case, even disregarding any intimation that defendant had sexually abused his stepdaughter, the overwhelm......
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