State v. Robinson

752 S.W.2d 949, 1988 Mo. App. LEXIS 829, 1988 WL 58075
Missouri Court of Appeals·Decided June 9, 1988·No. No. 15383·Published·Cited by 11 cases

Opinion

FLANIGAN, Judge.

A jury found defendant Willie G. Robinson guilty of receiving stolen property having a value of at least $150, § 570.080,1 and he was sentenced as a prior offender to a term of five years’ imprisonment. Defendant appeals.

Defendant’s first point is that the evidence is insufficient to support the verdict and that the trial court erred in overruling his motion for judgment of acquittal at the close of the state’s evidence. No evidence was introduced for the defense.

In determining the validity of defendant’s point, this court must view the evidence in the light most favorable to the state, accept all substantial evidence and all legitimate inferences fairly deducible therefrom tending to support the verdict, and reject contrary and contradictory evidence. State v. Petrechko, 486 S.W.2d 217, 218[1] (Mo.1972). All evidence unfavorable to the state must be disregarded. State v. Summers, 506 S.W.2d 67, 69[1] (Mo.App.1974).

The information, in addition to charging a prior conviction, alleged that the defendant, on April 15, 1987, in Mississippi County, “with the purpose to deprive the owner of one (1) 13 inch color Emerson television, serial number 63032395 and one (1) Emerson V.C.R., serial number 204-6802340, disposed of such property of a value of at least one hundred fifty dollars knowing or believing that it had been stolen.”

Defendant’s brief asserts: “The state failed to establish beyond a reasonable doubt that defendant possessed the stolen property knowing or believing it had been stolen.”

The television set (TV) and the video cassette recorder (VCR) described in the information had serial numbers, and defendant does not question that those items were identified as the ones which figured in the various transactions to be described.

On October 31, 1986, Debbie Pollack bought the TV and VCR, both new, and paid $400.32 for them. The TV was installed in an upstairs bedroom and the VCR was installed in the downstairs den in her home in Mississippi County. Defendant was an employee of her husband, a friend of the Pollack family, and a frequent visitor at their farm home.

On December 22, 1986, Debbie Pollack last saw the TV and VCR in her home. On that day, or possibly the following day, she returned to her home and found many items missing — “the TV and VCR and other things that were stolen.” Also on De[951] cember 22,1986, Catherine Owens, who did housework for Debbie Pollack, was working at the Pollack home. She saw defendant in the kitchen.

On December 22, 1986, defendant took the TV and the VCR to Richard McCullough’s service station in Mississippi County and pawned them to McCullough for $100. Defendant told McCullough that the TV and the VCR belonged to defendant. He also told McCullough that he, defendant, “gave 400 and something dollars” for the items. In March 1987 defendant paid McCullough the balance of the loan and regained possession of the VCR and TV.

On April 15, 1987, defendant again took the TV and VCR to McCullough and pawned them. On April 28, 1987, defendant borrowed an additional $20 from McCullough and the latter retained the TV and VCR as security.

On May 23, 1987, an unidentified informant told Police Captain Willis Cox that defendant had pawned a VCR and a TV at Richard McCullough’s service station and that the items were stolen. Captain Cox telephoned McCullough who confirmed the fact that defendant had pawned a VCR and TV. A policeman went to McCullough’s pawn shop and picked up the TV and VCR and took them to the police station. Later that day defendant told Captain Cox that he bought the two items “from some dude in Sikeston for $150.”

On May 29, 1987, Deputy Sheriff Turley arrested defendant and gave him the Miranda warnings. Defendant made a statement to Turley in which defendant said that he bought the items from a white male named Mike at Bruenderman’s parking lot and gave $200 for them. Defendant also told Turley that he made the purchase in January.

A person commits the crime of receiving stolen property “if for the purpose of depriving the owner of a lawful interest therein, he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.” § 570.080.1.

In State v. Stanback, 719 S.W.2d 896, 898 (Mo.App.1986), the court pointed out that under § 560.270 RSMo 1969, later repealed, a person guilty of receiving stolen property must have acquired it from another person and not be the thief himself. The court also stated that § 570.080, the statute which superseded the repealed statute, “does not require the captor/recipient distinction. The legislative intent of § 570.080 was to create a single crime of receiving stolen property which might be committed by doing any one of several acts: receiving, retaining, or disposing of property knowing or believing it to be stolen.” The court also said that § 570.080 “contemplates single-party transactions with respect to retaining or disposing of stolen property.”

“The requisite mental state to commit the crime of receiving stolen property is knowing or believing that the property has been stolen_ Knowledge or belief of the stolen character of goods is seldom directly proved and is usually inferred from the facts and circumstances in evidence.”

State v. Bauers, 702 S.W.2d 896, 898[1] (Mo.App.1985).

Evidence that the defendant acquired the stolen property for a consideration which he knew was far below its reasonable value is admissible to prove the requisite knowledge or belief of the alleged receiver of stolen goods. State v. Bauers, supra, at 898; § 570.080.2(3). Possession of recently stolen property is a circumstance which the jury may consider with other facts and circumstances in determining the alleged receiver’s mental state. State v. Bauers, supra, at 898. Contradictory statements made by the alleged receiver as to his possession of the property may be considered on the issue of intent. Id.; State v. Taylor, 691 S.W.2d 379, 382[4] (Mo.App.1985); State v. Applewhite, 682 S.W.2d 185, 188[3] (Mo.App.1984).

In State v. Mitchell, 657 S.W.2d 23 (Mo.App.1983), the court of appeals upheld a conviction of receiving stolen property with [952] a value of more than $150. At p. 25 the court said:

“Here, the defendant’s recent possession of the stolen property, his contradictory statements to the police regarding his possession and his own testimony that $75.00 was an ‘unusually low price’ for three television sets constituted sufficient evidence to warrant the jury’s finding that the defendant knew or believed that the property was stolen.”

Defendant told Captain Cox that he bought the items in Sikeston but he told officer Turley that he bought them at Bruenderman’s parking lot. It is a reasonable inference from the record that the parking lot is located in Charleston.

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State v. Robinson, 752 S.W.2d 949, 1988 Mo. App. LEXIS 829, 1988 WL 58075 (Mo. Ct. App. 1988).

752 S.W.2d 949 (State v. Robinson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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