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State v. Pottebaum

Missouri Court of Appeals, Eastern District
Nov 24, 2009
297 S.W.3d 664 (Mo. Ct. App. 2009)

Opinion

No. ED92276.

November 24, 2009.

Appeal from the Circuit Court of Osage County, Cynthia M. Eckelkamp, Judge.

Stephen K. Paulus, Cuba, MO, for Appellant.

Shaun J. Mackelprang, John W. Grantham, Jefferson City, MO, for Respondent.

Before KURT S. ODENWALD, P.J., GEORGE W. DRAPER III, J, and ROY L. RICHTER, J.



ORDER


Thomas Pottebaum (hereinafter, "Appellant") appeals from the trial court's judgment after a jury convicted him of one count of felony receiving stolen property, Section 570.080 RSMo (Cum.Supp. 2005). Appellant was sentenced to five years' imprisonment. Appellant raises two points on appeal. First, Appellant argues the trial court erred in overruling his motion to suppress and admitting seized evidence because the seizure was unlawful, and as such, the evidence seized was fruit of the poisonous tree. Second, Appellant challenges the sufficiency of the evidence to support his conviction.

We have reviewed the briefs of the parties, the legal file, and the transcript on appeal and find no error of law. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. We have, however, provided a memorandum opinion, only for the use of the parties, setting forth the reasons for our decision. The judgment is affirmed pursuant to Rule 30.25(b).


Summaries of

State v. Pottebaum

Missouri Court of Appeals, Eastern District
Nov 24, 2009
297 S.W.3d 664 (Mo. Ct. App. 2009)
Case details for

State v. Pottebaum

Case Details

Full title:STATE of Missouri, Respondent, v. Thomas Paul POTTEBAUM, Appellant

Court:Missouri Court of Appeals, Eastern District

Date published: Nov 24, 2009

Citations

297 S.W.3d 664 (Mo. Ct. App. 2009)