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State v. Smith

Missouri Court of Appeals, Western District
Jan 2, 2008
241 S.W.3d 864 (Mo. Ct. App. 2008)

Opinion

No. WD 68085.

January 2, 2008.

Appeal from the Circuit Court of Lafayette County, Dennis A. Rolf, Judge.

Shaun J. Mackelprang, Jefferson City, MO, for Respondent.

Margaret Mueller Johnston, Columbia, MO, for Appellant.

Before: HOWARD, C.J., and SPINDEN and HOLLIGER, JJ.


Order


Kevin D. Smith appeals his conviction for tampering in the first degree. The State presented evidence that Smith stole tools from a truck, attempted to steal the truck itself, and in the process defaced or altered the truck. Smith now claims that the trial court erred in submitting the charge to the jury because the State lacked direct evidence or sufficient circumstantial evidence that demonstrated he altered or defaced the vehicle. We disagree. When viewed in a light most favorable to the State, the evidence is sufficient to support the conviction. We, therefore, affirm the conviction.

Rule 30.25(b).


Summaries of

State v. Smith

Missouri Court of Appeals, Western District
Jan 2, 2008
241 S.W.3d 864 (Mo. Ct. App. 2008)
Case details for

State v. Smith

Case Details

Full title:STATE of Missouri, Respondent, v. Kevin D. SMITH, Appellant

Court:Missouri Court of Appeals, Western District

Date published: Jan 2, 2008

Citations

241 S.W.3d 864 (Mo. Ct. App. 2008)

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