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State v. Johnson

Court of Appeals of Missouri, Eastern District, Third Division

April 14, 2015

STATE OF MISSOURI, Respondent,
v.
TERRELL G. JOHNSON, Appellant

Appeal from the Circuit Court of the City of St. Louis. 1222-CR00771-01. Honorable Robin R. Vannoy.

Edward S. Thompson, St. Louis, MO, for appellant.

Andrew C. Hooper, Jefferson City, MO, for respondent.

Gary M. Gaertner, Jr., Judge. Kurt S. Odenwald, P. J., concurs. Robert G. Dowd, Jr., J., concurs.

OPINION

Gary M. Gaertner, Jr., Judge.

Page 843

Introduction

Terrell G. Johnson (Johnson) appeals from a sentence and judgment of conviction for burglary in the first degree, stealing over $500, and property damage in the second degree. He asserts that there was insufficient evidence to support the conviction for stealing over $500. We affirm.

Background

Johnson was charged as a prior and persistent offender with the class B felony of burglary in the first degree, the class C felony of stealing over $500, the class B misdemeanor of property damage in the second degree, and the class D felony of possession of burglar's tools. The evidence at the 2013 jury trial showed the following.

Stefani Hoeing (Victim) was home alone when she witnessed two men breaking into her home and called 911. After locking her bedroom door, she heard someone moving around inside her home. Detective Ramiro Martinez responded to the call for a burglary in progress. He testified that when he entered Victim's residence, he saw Johnson standing inside the home holding a purple purse. The purse contained money, a wallet, an Apple laptop computer, a Dell laptop computer, an Apple iPad tablet, a pair of earrings, and a ring. Victim identified the purple purse and its contents as hers. Detective Martinez also discovered an iPhone in the backseat of the police vehicle where Johnson's co-conspirator was placed after his arrest. Victim identified the iPhone as hers.

Victim testified that the Apple laptop cost $2,700 when she purchased it three years before the burglary. She had purchased the Dell laptop for $700 four months prior to the burglary. She testified that the jewelry in her purse was

Page 844

worth less than $200. Victim could not remember what the iPhone, purchased a year before the burglary, and the iPad, purchased five years before the trial, cost. She did not ...


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