Court of Appeals of Missouri, Eastern District, First Division
from the Circuit Court of Warren County Honorable Wesley Clay
B. SULLIVAN, J.
Alan Heidbrink (Appellant) appeals from the trial court's
judgment entered after a jury trial convicting him of
receiving stolen property. We affirm in part, reverse in
part, and remand for resentencing.
and Procedural Background
State charged Appellant, as a prior and persistent offender,
with one count of receiving stolen property, a class C
Felony, in violation of Section 570.080,  for events
occurring on or about September 23, 2015. The evidence
adduced at trial, viewed in the light most favorable to the
verdict, is as follows.
August 2015, Ronald Edwards (Edwards) owned AMG Auto Sales,
located in Kansas City, Missouri. Around that time, Edwards
purchased a 2004 Ford F250 Super Duty truck. The truck was
charcoal gray with chrome trim and leather interior. Edwards
testified the truck was in excellent condition, rated as a
3.7 out of 5.0. Edwards testified the retail value of the
vehicle was $17, 400 and that he listed the vehicle for sale
on Craigslist for $13, 900.
August 25, 2015, Edwards noticed the truck was missing from
AMG Auto Sales' lot and reported the truck stolen the
next day. Edwards testified the truck was eventually returned
to him and he found extensive damage to it, including impact
damage on both the front and rear; almost the entire truck
had been spray painted black; the four-wheel drive no longer
worked; the front rotors, the parking brake, and the back
tires required replacement; the steering column was
completely destroyed; the ignition was punched out; and the
back window was broken out and replaced with plexiglass.
Edwards expended over $4, 000 to repair the truck in his own
shop and was eventually able to sell the truck for $11, 000.
Scott Taylor (Sgt. Taylor) of the Warren County Sheriff's
Department testified that around 10:00 p.m. on September 23,
2015, he was patrolling an undeveloped subdivision when he
saw a black Ford F250 sitting at the end of the subdivision
with the engine and the lights turned off. Sgt. Taylor saw a
man and woman having intercourse in the passenger seat of the
truck. When he approached, Appellant stepped out of the
vehicle and the woman, subsequently identified as
Appellant's wife Jennifer Heidbrink (Wife), remained in
the passenger seat. Appellant and Wife told Sgt. Taylor they
were there to get "some alone time."
Taylor asked Appellant and Wife for the truck's
paperwork, which they were unable to provide. Sgt. Taylor ran
the license plate numbers, which came back as possibly
stolen. Sgt. Taylor then ran the truck's vehicle
identification number, which came back as having been
reported stolen from the Kansas City area. Sgt. Taylor
arrested both Appellant and Wife.
Taylor testified the vehicle was in disarray and it appeared
someone was living in it. The truck contained both male and
female clothing, personal items, toiletries and hygiene
products, as well as bedding and towels. The exterior of the
truck had been spray painted black and the back window was
broken out and replaced with plexiglass. Sgt. Taylor
testified broken glass was inside the vehicle and the truck
bed, and that police located a crowbar inside the vehicle,
which could have been used to break the rear window. A
man's white tank top was hanging over the steering column
and wires were hanging down from underneath the dashboard.
The dashboard below the steering column was popped open and
the ignition was punched out. Sgt. Taylor testified it is
common for the ignition to be punched out of a stolen vehicle
so the vehicle can be started with a tool, like a screwdriver
or a pair of pliers, instead of a key. A pair of needle-nose
pliers was located inside a compartment of the driver's
Taylor stated, in his experience, it is common for stolen
trucks to have their rear window broken out as means of
accessing the vehicle, for a stolen vehicle's exterior
color to be altered, for the ignition to be punched out, and
for the dashboard to be popped open in order to bypass the
vehicle's security and ignition systems.
conclusion of the evidence, the jury found Appellant guilty
of receiving stolen property. The trial court sentenced
Appellant, as a prior and persistent offender, to 8 years of
imprisonment to be served consecutive to the sentences he was
already serving in another case and ordered him to pay $4,
436 in restitution. This appeal follows.
first point on appeal, Appellant argues the trial court erred
in overruling his Motions for Judgment of Acquittal and for
New Trial, and for entering a judgment of conviction and
sentencing him for receiving stolen property because there
was insufficient evidence to establish beyond a reasonable
doubt that he received stolen property, in that his mere
joint presence in a stolen motor vehicle did not establish
beyond a reasonable doubt each and every element of the crime
of receiving stolen property.
second point on appeal, Appellant argues the trial court
erred in finding him to be a persistent offender under
Section 558.016 and enhancing his punishment from a class
C felony to a class B felony because those actions violated
Appellant's rights under Section 558.021,  in that Appellant
was sentenced in excess of the maximum sentence authorized by
law because the State failed to plead and prove "all
essential facts" showing Appellant had pled guilty to or
been found guilty of two separate felonies wherein he was
represented by counsel or waived the right to an attorney in
writing, as Appellant's conviction in Cause No.
12BB-CR00483-01 reflected he was "without counsel"
and therefore could not be used to enhance his punishment.
third point on appeal, Appellant argues the trial court erred
in ordering him to pay $4, 436 in restitution to Edwards
because that action violated Appellant's rights under
Section 559.105.1,  in that the restitution ordered was not
directly related to ...