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State v. Miller

Court of Appeals of Missouri, Southern District, First Division

May 4, 2015

STATE OF MISSOURI, Respondent,
v.
RICKY ANTHONY MILLER, Appellant

APPEAL FROM THE CIRCUIT COURT OF TEXAS COUNTY. Honorable William E. Hickle, Judge.

For Appellant: Amy M. Bartholow.

For Respondent: Chris Koster and Andrew C. Hooper.

DANIEL E. SCOTT, J. -- OPINION AUTHOR, JEFFREY W. BATES, J. -- CONCURS, WILLIAM W. FRANCIS, JR., PJ/CJ -- CONCURS.

OPINION

Page 636

DANIEL E. SCOTT, J.

Ricky Miller took two forklifts and pallet shelving from Mrs. Sooter's warehouse, then sold all for $680. He claimed Mrs. Sooter said he could take the items. She testified otherwise. A jury found Miller guilty of stealing property with a combined value of at least $500.

Miller's four-point appeal challenges sufficiency of the evidence, denial of a continuance, admission of testimony, and classification of his conviction in the written judgment. His first two points lack merit, the third does not warrant plain error review, and the fourth compels us to remand for correction of a clerical error.

Point I -- Sufficiency of Evidence

Miller claims the state failed to show the forklifts and shelving were worth at least $500 in total. Stealing is felonious if the property's value was $500 or more. § 570.030.3(1). " Value" is defined as " market value of the property at the time and place of the crime...." § 570.020(1). " 'Absent substantial evidence as to the value, an essential element of the felony stealing charge is not proved.'" State v. Slocum, 420 S.W.3d 685, 687 (Mo.App. 2014) (quoting State v. Calicotte, 78 S.W.3d 790, 794 (Mo.App. 2002)).

The state offered Miller's statement that he sold the goods for $680 total (the shelving for $280; each forklift for $200). Miller argues that resale value is not necessarily market value, citing Slocum, where a pawnbroker had paid the defendant $30 for a stolen mandolin worth $5,000 or more.

Market value of stolen property can be proved various ways. Calicotte, 78 S.W.3d at 795. Slocum, far from contradicting this principle, illustrates how stolen goods sometimes are fenced far below market value. Also, Slocum's stolen property was

Page 637

sold for less than $500; the opposite ...


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