[DOWNLOAD] "State Missouri v. Jerry Pruett" by Court of Appeals of Missouri # Book PDF Kindle ePub Free

eBook details

Title: State Missouri v. Jerry Pruett
Author : Court of Appeals of Missouri
Release Date : January 19, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

The state charged Jerry Pruett with the class C Felony of stealing in violation of § 570.030 RSMo 1986. The evidence supported a guilty verdict that defendant acting with Donna Reitmeyer and John Coats shoplifted $195.95 worth of merchandise from Sears Roebuck and Company on October 6, 1987. On direct appeal defendant claims he was entitled to an offered instruction of stealing property having a value of less than $150. Defendant does not contest the $65.96 value of cloth goods taken or a $129.99 telephone which was also taken. Rather, he claims the facts support a verdict that he participated only in the stealing of the cloth goods. The trial court rejected defendant's offer of a lesser included offense instruction on the basis the stealing activities were one crime and the state's evidence proved property exceeding the value of $150 was taken. We agree. Before addressing the issue presented on direct appeal, we dispose of defendant-movant's claim the motion court erred in denying Rule 29.15 relief because post conviction counsel was ineffective. This claim is not cognizable under the rule. Sloan v. State, 779 S.W.2d 580 (Mo. banc 1989), cert. denied, 110 S.Ct. 1537, 108 L.Ed.2d 776 (1990).