Court of Appeals of Missouri, Southern District, First Division
FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Thomas E.
W. SHEFFIELD, C.J.
Alan St. George ("Defendant") appeals from his
convictions of one count of first-degree burglary, one count
of second-degree burglary, two counts of stealing, one count
of identity theft, and one count of forgery. Defendant argues
the trial court erred in granting the State's motion to
consolidate the charges into one case for trial.
Defendant's argument is without merit, and his
convictions and sentences are affirmed.
and Procedural Background
St. George ("Katy") has six children, one of whom is
Defendant. Katy has owned St. George's Donut Shop since
1971. At the time of the events giving rise to this case,
Defendant had no role in the doughnut business, and Katy and
Defendant no longer had any type of relationship. Defendant
did not have permission to be at Katy's home nor on the
business premises of the doughnut shop.
August 30, 2012, Katy closed the doughnut shop in the
afternoon. As was her custom, she left approximately $250 in
the cash register to start the next morning's business.
When she returned to the shop the next morning, the security
bar across the back door was missing, and the register was
empty. Surveillance footage from the night before showed
Defendant walking through the store and rummaging in the cash
September 8, 2012, at about six a.m., Defendant's brother
Anthony St. George ("Anthony") visited Katy at the
shop and told Katy he believed Defendant was going to break
into her home. Katy went home and encountered Defendant
running down the hall towards her from the direction of her
bedroom. Approximately $150 was missing from her bedroom, and
the sliding door to the patio had been taken off its rails.
in 2012, Defendant obtained a photo ID with his own picture
but with the identifying information of his brother, Kevin
St. George ("Kevin"). During November and December,
2012, Defendant used the fake photo ID to cash several checks
on Kevin's personal account. In all, Defendant obtained
$19, 600 from Kevin's personal checking account.
these events, Defendant was charged with six criminal counts
in three cases. The prosecution filed a motion to join the
cases for trial because the cases all involved offenses
against Defendant's mother, Katy, or his brother, Kevin,
and the offenses all occurred within the same four-month time
period. After a hearing at which both parties presented
argument, the trial court granted the motion.
had a jury trial on January 13, 2015, through January 15,
2015. The jury found Defendant guilty as charged. This appeal
sole point on appeal, Defendant argues the trial court erred
in granting the motion to consolidate because:
the burglary and stealing against Katy . . . were improperly
joined with the burglary and stealing against St.
George's Donuts . . . and the identity theft and forgery
against Kevin . . . in that the charges related to Katy and
the Donut Shop were not part of the same transaction, a
common scheme or ...