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State v. George

Court of Appeals of Missouri, Southern District, First Division

August 4, 2016

STATE OF MISSOURI, Plaintiff-Respondent,
v.
SCOTT ALAN ST. GEORGE, Defendant-Appellant.

         APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Thomas E. Mountjoy

          OPINION

          MARY W. SHEFFIELD, C.J.

         Scott 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.

         Factual and Procedural Background

         Katy St. George ("Katy")[1] 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.

         On 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 register.

         On 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.

         Later 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.

         For 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.

         Defendant had a jury trial on January 13, 2015, through January 15, 2015. The jury found Defendant guilty as charged. This appeal followed.

         Discussion

         In his 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 ...

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