State v. Rieser

569 S.W.3d 452
CourtMissouri Court of Appeals
DecidedNovember 27, 2018
DocketED 105828
StatusPublished
Cited by3 cases

This text of 569 S.W.3d 452 (State v. Rieser) 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. Rieser, 569 S.W.3d 452 (Mo. Ct. App. 2018).

Opinion

Lisa P. Page, Chief Judge

Spring Rieser ("Rieser") appeals the trial court's judgment entered upon a jury verdict convicting her of one count of second-degree burglary pursuant to Section 569.170 RSMo (2016).1 We affirm.

BACKGROUND

In the early morning hours of June 23, 2016, Jeffrey Webb was awakened by his garage light in his home. The light was off and the garage door was secured with a bolt the previous evening. Since the light switch was inside the garage, Webb investigated and discovered Rieser. He told her to come out and would not allow her to leave the premises while he called the police. Webb did not know Rieser and had not given her permission to be in his garage. Webb immediately noticed several missing items,2 all of which he had secured *454in the garage the previous evening after finishing work. He did not observe Rieser remove any of the items from the garage nor was she in possession of them when he discovered her in his garage.

Rieser was charged with and found guilty of, one count of second-degree burglary. She was also charged with but found not guilty of one count of receiving stolen property. The present appeal follows.

DISCUSSION

Rieser asserts two points on appeal. First, she claims the trial court erred entering judgment on the jury's conviction of second-degree burglary because there was insufficient evidence to support the verdict. Second, she claims the trial court erroneously prohibited her from cross-examining Webb about his prior experience with his neighbor, Brendan O'Day.

Point I - There was Sufficient Evidence to Support Conviction

In her first point on appeal, Rieser claims the trial court erred entering judgment on the jury's conviction of second-degree burglary. Rieser argues the evidence was insufficient to support the required element of intent to steal.

Standard of Review

We review a claim of insufficient evidence to support a conviction to determine whether the State presented sufficient evidence from which a trier of fact could have reasonably found a defendant guilty of the charged crime. State v. Allen , 508 S.W.3d 181, 186 (Mo. App. E.D. 2017) (internal citations omitted). We review the evidence and inferences therefrom in the light most favorable to the verdict, and we ignore all evidence and inferences to the contrary. Id.

Analysis

Pursuant to Section 569.170.1, a person commits the offense of second-degree burglary when she "knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein." The intent to commit a crime is an essential element of burglary. Allen , 508 S.W.3d at 186 (citing State v. Gibbs , 306 S.W.3d 178, 181 (Mo. App. E.D. 2010) ). This element separates the crime of trespass in the first degree from second-degree burglary. Id. Circumstantial evidence of such intent alone can be sufficient to support a conviction. Id. Thus, "[t]he State is not required to prove that the defendant actually committed the intended crime inside the building." Id. (citing State v. Leonard , 490 S.W.3d 730, 738 (Mo. App. W.D. 2016) ).

Rieser relies on J.N.C.B. v. Juvenile Officer , 403 S.W.3d 120 (Mo. App. W.D. 2013), claiming the mere evidence of her presence in the garage, without more, is insufficient to prove the intent necessary to support a conviction for second-degree burglary. However, the evidence distinguishes this matter from J.N.C.B.

In J.N.C.B. , a motion alarm was triggered in a closed school building at approximately 7 p.m. Id. at 123. A patrol officer, responding to the alarm, discovered a door of the building propped open by a rock. Id. He and another officer entered the building and heard laughter, noise, and a "ruckus" inside. Id. They encountered three juveniles, including J.N.C.B., in the building and took them into custody. Id. The building contained valuable property, including computers and furniture, but nothing was removed. Id. Moreover, none of the juveniles had any property in their custody. Id.

*455The Western District concluded that absent additional indicia of guilt, such as forced entry, flight, weapons, tools, or the movement of valuable items within the building, the permissive inference allowed from the mere unlawful entry of a defendant into a building containing valuable items is insufficient to prove the required intent to support a conviction for second-degree burglary. Id. at 126-27. In J.N.C.B. , the court reversed the disposition of the juvenile court, concluding no such additional evidence of J.N.C.B.'s intent to steal was elicited; therefore, the juvenile officer failed to prove that element beyond a reasonable doubt. Id.

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Bluebook (online)
569 S.W.3d 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rieser-moctapp-2018.