Court of Appeals of Missouri, Eastern District, Second Division
Appeal from the St. Louis County Circuit Court. Honorable Gloria Clark Reno.
FOR APPELLANT: Rosalynn Koch, Public Defender's Office, Columbia, Missouri.
FOR RESPONDENT: Robert J. Bartholomew, Jr., Assistant Attorney General, Jefferson City, Missouri.
Philip M. Hess, Judge. Sherri B. Sullivan, P.J. and Mary K. Hoff, J. concur.
Philip M. Hess, Judge.
William Adams (Defendant) appeals the trial court's judgment entered after a jury
found him guilty of first-degree tampering with a motor vehicle, § 569.080, RSMo. He was sentenced as a prior and persistent offender to nine years' imprisonment. Defendant claims the trial court abused its discretion by (1) sustaining the State's objection to cross-examination testimony; and (2) admitting evidence of uncharged misconduct. We affirm.
Viewed in the light most favorable to the jury's verdict, the evidence shows that on Sunday, May 13, 2012, Scott Theole, the vice-president of County Asphalt Paving Company (County Asphalt) in St. Louis County, received a phone call from his sister notifying him that the front gate to the asphalt facility was open. Theole drove to the facility and noticed that a padlock used to secure the gate had been cut through. Inside the fence, Theole observed that one of the company's trucks was hooked up to a trailer and that a white Chevy pickup truck was gone from the lot. Theole called the police.
Later that afternoon, Officer Richard Sand, who was on patrol nearby, observed a white Chevy pickup truck driving towards the County Asphalt facility. Officer Sand was aware of the possible auto theft occurring at County Asphalt, and, knowing that businesses in the area were closed on Sundays, he followed the truck. Officer Sand continued to follow the Chevy truck until it stopped at County Asphalt. When Officer Sand pulled up to the facility, he saw Defendant standing by the front gate. After asking Defendant for identification, Officer Sand told him that he was investigating a report of a possible stolen vehicle. Defendant told the officer that he worked for County Asphalt and was returning the truck. Officer Sand ran a computer check and found that Defendant had outstanding warrants. He then informed Defendant that he was under arrest. At that point, Defendant fled the scene on foot. Officer Sand called for backup units and proceeded to run after Defendant.
A short time later, officers located Defendant behind a nearby car lot and arrested him. During a search, Officer Sand found two keys in Defendant's pocket. The Defendant volunteered to Officer Sand that the keys were for his van and house. Officers checked the keys and found that one key fit the ignition to the Chevy pickup. The other key fit the ignition of a Ford truck parked on the County Asphalt lot. Officers later discovered ...