State v. Pepper

855 S.W.2d 500, 1993 Mo. App. LEXIS 917, 1993 WL 213970
CourtMissouri Court of Appeals
DecidedJune 22, 1993
DocketNos. 59811, 62295
StatusPublished
Cited by6 cases

This text of 855 S.W.2d 500 (State v. Pepper) 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. Pepper, 855 S.W.2d 500, 1993 Mo. App. LEXIS 917, 1993 WL 213970 (Mo. Ct. App. 1993).

Opinion

PUDLOWSKI, Judge.

Defendant, Ricky Pepper, was convicted of burglary in the second degree, § 569.-170, RSMo 1986, in the Circuit Court of the City of St. Louis and received a sentence of fourteen years. This consolidated appeal raises five points of error: (1) that insufficient evidence was adduced to convict defendant of the crime charged; (2) that the admission of evidence of four prior burglary convictions for the limited purpose of demonstrating defendant’s intent was manifestly unjust; (3) that striking a juror on the basis of employment as a postal worker was merely a pretext for discrimination and not a legitimate race-neutral reason; (4) that defendant’s trial counsel was ineffective for failing to call a witness to testify that she did not identify appellant; and (5) that the instruction defining “reasonable doubt” could have resulted in the jury convicting defendant on less than the requisite degree of proof.

The evidence supporting defendant’s conviction consisted of the following: On the morning of May 1, 1990, Stanley Curry left his home located at 1753 McLaran in the City of St. Louis. Mr. Curry locked the doors to his home, including the door to his basement located at the rear of his home.

At approximately noon on the same day, Police Officers Reginald Davis and Ed Martin responded to a call regarding suspected prowlers at 1753 McLaran. The officers drove to the scene where they were informed that a man wearing a black jacket had fled from the rear of the residence. As the officers drove around the neighborhood, they observed defendant attempting to enter another residence. The officers knocked on the door of the residence and were informed that no one had recently entered it. From the porch of the home, the officers observed defendant who fled upon being spotted.

Officer Davis chased defendant on foot between houses, while Officer Martin followed in a patrol car. Defendant was apprehended by Officer Davis as he emerged from the back of another home. An officer advised defendant of his Miranda rights, and he indicated that he understood. After being informed of his rights, defendant stated that he had gone with a friend to Mr. Curry’s residence. Defendant related that he had stayed in the front of the home while his friend had gone to the rear of the house. Defendant told police that while he waited in front of the home, he heard a loud noise and went around to the back to see what was amiss. At that point, defendant noticed that his companion had kicked in the rear basement door of the home. Defendant stated that his companion instructed defendant to return to the front of the home to watch for police. After defendant's arrest, he was driven around in an attempt to locate his companion. These efforts proved futile. Officer Martin testified that defendant had confessed after he was placed under arrest and stated “Man I did it. I want to make a deal.”

Defendant was arrested and taken to the police station. While being processed it was discovered that defendant had a prisoner release bracelet attached to his ankle. Defendant offered to provide information on the location of various drug houses in the neighborhood in exchange for a “deal.” Defendant again confessed to the burglary. In addition, the police took a written statement.1

Defendant was found guilty by a jury of second degree burglary and sentenced as a class X offender to fourteen years imprisonment. Defendant brings this appeal from his conviction and sentence and denial of his Rule 29.15 motion.

In his first point of error, defendant complains that insufficient evidence was adduced to convict him of burglary in the second degree. In assessing a sufficiency of the evidence challenge, the evidence, to[502]*502gether with all favorable inferences to be drawn therefrom, is viewed in the light most favorable to the verdict and contrary evidence and inferences are disregarded. State v. Mallett, 732 S.W.2d 527, 530 (Mo. banc), cert. denied, 484 U.S. 933, 108 S.Ct. 309, 98 L.Ed.2d 267 (1987). An appellate court does not weigh evidence but limits review to a determination of whether the verdict is supported by “sufficient evidence,” defined as that quantum of evidence from which reasonable men could find a criminal defendant guilty of the crime charged. State v. Murphy, 753 S.W.2d 90, 91 (Mo.App.1988).

In the instant case, the state’s burden was to show beyond a reasonable doubt that defendant, acting alone or in concert, “knowingly enter[ed] unlawfully ... a building or inhabitable structure for the purpose of committing a crime therein.” § 569.170, RSMo 1986. The state clearly adduced sufficient evidence. In addition to the circumstantial evidence of defendant’s behavior in eluding police, the state produced evidence of defendant’s repeated confessions — both oral and written — admitting that he had in fact committed the crime. Point denied.

In his second point, defendant contends that the trial court erred in admitting evidence of his four prior burglary convictions for the purpose of demonstrating his intent or absence of mistake because the admission of such crimes was highly prejudicial.2 We review appellant’s second point under a plain error standard because he failed to raise the matter in a timely motion for new trial. Rule 29.12(b); State v. Williams, 784 S.W.2d 276, 280 (Mo.App.1989). Relief will be granted under the plain error rule only when the error so substantially affects the right of the accused that manifest injustice or miscarriage of justice inexorably results if left uncorrected. State v. West, 849 S.W.2d 671, 674 (Mo.App.1993). The burden of demonstrating that the trial court took action resulting in manifest injustice is allocated to the defendant. Id. A trial court is vested with broad discretion when determining the relevance of evidence. Id. Evidence of the defendant’s prior convictions is admissible if it is logically relevant, meaning that it tends to prove or disprove a fact in issue or corroborates relevant evidence bearing upon a principal issue, and if such evidence is admitted for a permissible purpose, apart from merely demonstrating a propensity on the part of the defendant to commit a crime. State v. Trimble, 638 S.W.2d 726, 732 (Mo. banc 1982). Evidence of other crimes is admissible where it has a legitimate tendency to establish a defendant’s motive, intent, absence of mistake or accident, common scheme or plan, or identity. Id.

In the instant case, defendant told police that his friend had broken down the basement door at 1753 McLaran, without defendant’s knowledge of his accomplice’s criminal purpose, implying that defendant was an innocent bystander. The trial court allowed evidence of defendant’s prior burglaries for the limited purpose of demonstrating defendant’s intent and absence of mistake. In light of defendant’s repeated confessions to the crime along with other evidence adduced, we cannot say that defendant has demonstrated that he suffered manifest injustice as a result of the admission of evidence of his prior convictions. Point denied.

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Cite This Page — Counsel Stack

Bluebook (online)
855 S.W.2d 500, 1993 Mo. App. LEXIS 917, 1993 WL 213970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pepper-moctapp-1993.