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State v. Coleman

Supreme Court of Missouri, En Banc

June 16, 2015

STATE OF MISSOURI, Respondent,
v.
GARY LELAND COLEMAN, Appellant

Argued and Submitted February 3, 2015.

APPEAL FROM THE CIRCUIT COURT OF CALLAWAY COUNTY. Honorable Kevin M.J. Crane, Judge.

Coleman was represented by Amy M. Bartholow of the public defender's office in Columbia.

The state was represented by Robert J. (Jeff) Bartholomew of the attorney general's office in Jefferson City.

Richard B. Teitelman, Judge. Russell, C.J., Fischer, Draper, and Wilson, JJ., concur; Breckenridge, J. dissents in separate opinion filed; Stith, J., concurs in opinion of Breckenridge, J.

OPINION

Richard B. Teitelman, Judge.

Gary Coleman appeals from his conviction of one count of second-degree robbery, section 569.030,[1] on grounds that there was insufficient evidence that he forcibly

Page 354

stole money from a bank. The judgment is affirmed.

Facts

In October 2012, Mr. Coleman walked into a bank, rested his forearm on the counter, handed the bank teller a plastic grocery sack, and said, " I need you to do me a favor. Put the money in this bag." The teller placed $1,472 in the bag. An assistant manager approached Mr. Coleman. Mr. Coleman told her, " Ma'am, stop where you are and don't move any farther." The assistant manager complied. Mr. Coleman took the bag of money and ran out of the bank. The entire encounter lasted approximately 45 seconds. Mr. Coleman was arrested in Texas and extradited to Missouri. Mr. Coleman admitted to police that he was the man in the bank surveillance photographs and that he had taken the money from the bank.

Mr. Coleman was charged as a persistent offender with one count of second-degree robbery pursuant to section 569.030.1. Mr. Coleman waived his right to a jury trial. He was tried by the court and found guilty as charged. The court sentenced Mr. Coleman as a persistent offender to a term of ten years imprisonment.

Mr. Coleman appeals. In his only point on appeal, Mr. Coleman argues that there was insufficient evidence to support his conviction for second-degree robbery because he did not forcibly steal ...


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