State v. Jalo

796 S.W.2d 91, 1990 Mo. App. LEXIS 1398, 1990 WL 134857
CourtMissouri Court of Appeals
DecidedSeptember 19, 1990
DocketNos. 15789, 16750
StatusPublished
Cited by3 cases

This text of 796 S.W.2d 91 (State v. Jalo) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jalo, 796 S.W.2d 91, 1990 Mo. App. LEXIS 1398, 1990 WL 134857 (Mo. Ct. App. 1990).

Opinion

CROW, Judge.

Appellant Vernon Charles Jalo was charged with the class B felony of conspiracy, § 564.016, RSMo 1986, to commit kidnapping and murder. He waived trial by jury, was tried by the court, found guilty as charged, and sentenced as a prior and persistent offender, § 558.016.2 and .3, RSMo 1986, to 20 years’ imprisonment. He brings appeal 15789 from that judgment and sentence.

Following the conviction, appellant commenced a proceeding under Rule 29.151 to vacate the conviction. An evidentiary hearing produced a judgment denying relief. Appellant brings appeal 16750 from that judgment.

The appeals are consolidated, Rule 29.-15(¿), but addressed separately.

Appeal 15789

Appellant’s first point relied on asserts the evidence was insufficient to support the finding of guilty in that neither appellant nor his alleged coconspirator, Chris Miller, “ever did an overt act in furtherance of the [93]*93alleged conspiracy so as to elevate their actions beyond mere talk.”

The trial court’s finding of guilty has the force and effect of a jury verdict. Rule 27.01(b); State v. Giffin, 640 S.W.2d 128, 130[1] (Mo.1982); State v. Ingleright, 782 S.W.2d 147, 149[1] (Mo.App.1990). In determining the sufficiency of the evidence to support the finding of guilty we accept as true all evidence tending to prove appellant’s guilt, together with inferences favorable to the State that can be reasonably drawn therefrom, and we disregard all contrary evidence and inferences. Giffin, 640 S.W.2d at 130[2]; State v. Brown, 665 S.W.2d 945, 948[1] (Mo.App.1984). If there is substantial evidence to support the trial court’s finding, its judgment must be affirmed. Giffin, 640 S.W.2d at 130[1]; Brown, 665 S.W.2d at 948[2].

Viewed favorably to the result below, the evidence reveals that some time prior to January 15, 1988 — the precise date is not shown — appellant2 told James Steddum,3 a high school student, that he (appellant) wanted Steddum to put him in contact with a young “hoodlum.” Appellant cautioned Steddum not to tell appellant’s wife or daughter. Steddum told appellant about Chris Miller, a 15-year-old high school student.

Appellant and Miller met for the first time January 15, 1988, about 3:30 p.m., at Hardee’s, across the street from Neosho High School. Appellant told Miller he (appellant) had an idea “that could bring in approximately five million dollars.”

Appellant inquired whether Miller could obtain “some false I.D.s, and a .38 snub-nosed police special.” Appellant expressed preference for an FBI or marshal’s badge. Miller responded he had a brother-in-law in jail “because he had been forging I.D.s.”

Appellant told Miller “somebody might be killed, die.” Appellant asked Miller “to try and find somebody who could possibly help assist, preferably a young lady.” Miller gave appellant the name Christina De-vore, Miller’s 14-year-old stepsister.

Appellant asked whether Miller was interested in the plan. Miller replied, “Yes.” The conversation ended when Miller had to depart for work.

Appellant and Miller met again four days later (January 19, 1988), about 3:30 p.m., at the same site. Appellant showed Miller “some blueprints for a fully automatic weapon,” together with publications 4 containing formulas for explosives and information about “an I.D. printer.” Asked whether appellant said anything about his background, Miller testified, “He stated that he had been in and out of institutions since he was 14, and that he had had this idea in his head for approximately 5 years, and he knew what he was doing.”

Appellant asked Miller when they would contact his stepsister. Miller replied, “Well, right now.”

The duo left Hardee’s, picked up appellant’s daughter at high school, and, with appellant driving, took her to “71 Truck Stop” in Diamond, northeast of Neosho, where she was employed. From there, appellant and Miller drove to Joplin to see Christina.

Miller entered Christina’s residence and escorted her outside to the car. Appellant asked her whether “she was interested in making a lot of money pretty fast.” She said yes. Appellant told her Miller had said she “would do just about anything for money,” and asked whether that was true. She said yes, adding that she was “pretty crazy.”

Appellant asked Christina whether she “could pull a trigger on anybody, or if she [94]*94could find any other people, some girls that might be willing to go along with it.” As he posed the question, appellant “made the motion of pulling the trigger.” Christina said yes. Appellant then stated he “would probably be the one to have to, if that came down to that situation.” Appellant added that he “was a conniving son-of-a-bitch.” Appellant and Miller then departed, returning to Neosho where they stopped at Wendy’s.

While they were conversing inside, appellant wrote “kidnap” on a paper napkin, showed it to Miller, and said, “This is what we’re going to do.” Appellant then pulled the napkin back and wrote “$25,000” on it. Miller asked who would be kidnapped. Appellant mentioned the name T.W.,5 stating she “had been pampered by her parents all her life” and they “would be more than willing to pay $25,000 to get her back.”

Miller, when asked at trial whether appellant explained the method for the kidnapping, testified:

“He said that this is what the badge FBI or marshall [sic] would be used for, that he would go up to this person and flip it out and say, T need to speak to you, and would you please come with me?’
Q. Did he indicate how this $25,000 was to be applied?
A. He was going to kidnap these people, and then on that same day call their parents and tell them that if they wanted their daughter back, or son, then they would have to pay $25,000 and bring it to ‘X’ spot.”
The duo left Wendy’s and appellant drove them to Loma Linda, described by appellant as “an estate which has ... 2 golf courses, and quite a large number of fine homes.” Appellant had once worked there as a security guard.

En route, appellant said there were three other girls who could be “easily accessible” to the plan. Appellant stated they attended school at Seneca, were cheerleaders, and one was a dentist’s daughter. Appellant told Miller he (appellant) “wanted to point out the route that they took, and how easily it would be to get them.” Miller’s trial testimony included this:

“Q. ... Did the [appellant] make any statement as to what would happen to these victims after the kidnapping?
A. He stated that no matter what, they would die, and then their bodies would be thrown down a mine shaft of some sort, and would not be found, unless by accident.
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Q. Did he indicate why he was going to kill the victims?
A. So that he could not be identified.
Q.

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Related

State v. Madewell
846 S.W.2d 246 (Missouri Court of Appeals, 1993)
State v. Hunter
840 S.W.2d 850 (Supreme Court of Missouri, 1992)
State v. Reynolds
813 S.W.2d 324 (Missouri Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
796 S.W.2d 91, 1990 Mo. App. LEXIS 1398, 1990 WL 134857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jalo-moctapp-1990.