Court of Appeals of Missouri, Western District, First Division
Appeal from the Circuit Court of Caldwell County, Missouri. The Honorable R. Brent Elliott, Judge.
Chris Koster, Attorney General, Todd T. Smith, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.
Casey A. Taylor, Assistant Public Defender, Columbia, MO, Attorney for Appellant.
Before Division One: James Edward Welsh, Presiding Judge, and Thomas H. Newton and Karen King Mitchell, Judges.
Karen King Mitchell, Judge
William Douglas Loggins appeals, following a jury trial, his convictions of first-degree burglary and stealing, for which he was sentenced to a total of ten years' imprisonment. Loggins challenges only the sufficiency of the evidence supporting the burglary conviction--specifically, the element of unlawful entry. Because the evidence supported the jury's determination that Loggins unlawfully entered the Wal-Mart from which he stole liquor and socks, we affirm.
On June 28, 2013, Michael Hobbs was working at the Marshall Wal-Mart in Saline County, Missouri, as an asset protection associate. Around 6:30 p.m., while Hobbs was patrolling the parking lot, he saw a man ride up on a bicycle and enter the store. The man looked familiar to Hobbs as possibly someone who had stolen from Wal-Mart in the past. Because Hobbs was unsure, he decided to follow the man. Hobbs eventually recognized the man as William Loggins, who had, in fact, been banned from all Wal-Mart property, as of December 17, 2011. Hobbs watched Loggins quickly grab a bottle of Jim Beam Bourbon off of a shelf and walk towards the front of the store. Before reaching the front of the store, Loggins lifted his shirt and shoved the bottle in the front of his pants. Loggins then left the store without
paying and rode his bicycle off the property.
Hobbs contacted the Marshall Police Department, while trying to track Loggins's direction of travel. After losing sight of Loggins, Hobbs returned inside the store to compile video footage from various security cameras. Meanwhile, the Marshall police apprehended Loggins and found a bottle of Jim Beam Bourbon, as well as a package of socks on his person. After speaking to the police about the socks, Hobbs examined other security camera footage of Loggins and discovered that he had, in fact, taken the socks from Wal-Mart as well.
Loggins was charged as a persistent felony offender with first-degree burglary and stealing--third offense. At trial, Loggins accepted responsibility for the stealing charge, but argued to the jury that he was not guilty of burglary because there was no unlawful entry insofar as Wal-Mart consented to his entry. The jury rejected the argument and found Loggins guilty on both counts, as charged. The ...