State v. Skaggs

74 S.W.3d 282, 2002 Mo. App. LEXIS 903, 2002 WL 753836
CourtMissouri Court of Appeals
DecidedApril 30, 2002
DocketED 79233
StatusPublished
Cited by8 cases

This text of 74 S.W.3d 282 (State v. Skaggs) 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. Skaggs, 74 S.W.3d 282, 2002 Mo. App. LEXIS 903, 2002 WL 753836 (Mo. Ct. App. 2002).

Opinion

GARY M. GAERTNER, SR., Presiding Judge.

Appellant, Howard Skaggs (“defendant”), appeals the judgment of the Circuit Court of St. Francois County following a jury trial finding him guilty of forgery, section 570.090, RSMo 2000, 1 and escape from confinement, section 575.210. Defendant was sentenced consecutively to eight years for forgery and seven years for escape from confinement to be served in the Missouri Department of Corrections. We affirm.

On January 7, 2000, defendant was arrested for unlawful use of a weapon and was transported to the St. Francois County Jail where he remained in custody through January 15, 2000. Defendant was held with “no bond” allowed.

On January 15, 2000, Bobbette Rhodes (“Rhodes”), a bail bondsman, received a telephone call from a male who said he was Michael Brackett (“Brackett”). The caller stated that he was in jail and that his bond was $15,000.00. Rhodes went to the St. Francois County Jail with the proper paperwork to bail out Brackett.

On the same day, Gordon Smith (“Smith”) was working at the St. Francois County Jail when he was notified that Brackett was supposed to be bonded out of jail. 2 When Smith went to the cellbloek he was met by an individual who was holding his belongings and who claimed to be Brackett. Unbeknownst to Smith, the individual was defendant. Defendant was processed to leave the jail.

When Rhodes arrived at the jail, she went to a room and waited for Brackett. Defendant was brought into the room and identified himself as “Mike.” Rhodes handed defendant a bond application. Defendant filled out the bond application and at the bottom started to sign “How,” scratched it out, and signed “Mike Brack-ett.” Next, defendant filled out a promissory note entitled “Conditions of Release” and signed “Howard,” scratched that out, and signed it “Mike Brackett” or “Mick Brackett.” Finally, defendant signed a “bond sheet” which gave Rhodes the power to bond Brackett out of jail. Defendant signed the name “Mick Brackett.” Defendant was released. After defendant’s release he ran from Rhodes without paying for the bail services.

Defendant was apprehended, arrested, and transported back to the jail later that evening. Defendant was charged as a persistent offender pursuant to sections *284 558.016 and 557.036, with forgery, section 570.090, and escape from confinement, section 575.210.

At trial, Rhonda Roney (“Roney”), keeper of records for the St. Francois County Sheriffs Department, was allowed to testify that defendant was being held with “no bond” prior to his escape. Defendant objected to Roney’s testimony and argued that the testimony would prejudice the jury since it would cause speculation as to why defendant was held on no bond. The trial court overruled defendant’s objection.

An associate circuit judge testified that following defendant’s arraignment, defendant stated “if you wouldn’t keep setting these bonds so high I wouldn’t have to escape.”

Jury instruction number six stated in relevant part: “the defendant made a writing, to wit: a Missouri bond form, so that it purported to have been made by another.” The jury found defendant guilty of forgery and escape from confinement. Defendant appeals.

In his first point on appeal, defendant asserts that the trial court erred when it overruled defendant’s motion of acquittal and convicted defendant of forgery. Defendant argues that the state did not prove beyond a reasonable doubt the first element of the verdict director for forgery, “defendant made a writing, to-wit: a Missouri bond form, so that it purported to have been made by another.” Specifically, defendant contends that the evidence only showed that he signed the bottom of the bond form but did not “make” the bond form.

In determining the sufficiency of the evidence this court will accept all evidence and inferences favorable to the verdict and disregard all evidence and inferences to the contrary. State v. Hudson, 793 S.W.2d 872, 879 (Mo.App. E.D.1990). Appellate review is limited to a determination of whether there is sufficient evidence from which a reasonable trier of fact might have found a defendant guilty beyond a reasonable doubt. State v. Chaney, 967 S.W.2d 47, 52 (Mo.banc 1998). The appellate court does not act as a “super juror” with veto powers, but gives great deference to the trier of fact. Id.

The forgery statute, section 570.090.1(1) states in relevant part, “[a] person commits the crime of forgery if, with the purpose to defraud, he [mjakes .... any writing so that it purports to have been made by another.” The statute requires: 1) a false making of a writing; 2) a fraudulent intent; and 3) a writing capable of effecting a fraud. State v. Johnson, 855 S.W.2d 470, 472 (Mo.App. W.D.1993). The word “makes” is not defined in sections 570.010 and 570.090. Where the legislature has not defined a word in a statute, the word should be given its common sense, dictionary meaning if there is no indication that it was used in a specialized sense. State v. Trotter, 5 S.W.3d 188, 193 (Mo.App. W.D.1999). The definition of “make” includes “to execute in an appropriate manner.” Merriam Webster’s Collegiate Dictionary 702 (10th ed.1995). The Black’s Law Dictionary 967 (7th ed.1999), in 'its definition of “make,” includes “to legally perform, as by executing, signing, or delivering.” “ ‘Writing’ includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks and any other symbols of value, right, privilege or identification.” Section 570.010(14).

In the case at hand, defendant does not dispute that he signed a false name on the bond form, but only that when he signed a false name, he did not “make” the bond form. The word “make” is not defined in the statute. The dictionary meaning of *285 “make” includes to execute or to sign. When defendant executed the bond form by signing it, he made a writing. Moreover, this court has previously found that forgery may be committed by signing a false name to a sales receipt, which a store employee had prepared. See State v. Hudson, 793 S.W.2d at 879-80.

Defendant points to a Texas case, Nunez v. State, 940 S.W.2d 710 (Tex.Ct.App.1996), to support his position that he did not “make” the bond form when he signed it. Defendant’s reliance on Nunez is misplaced. In Nunez, the court found that the defendant in that case did not “make” a check when he endorsed his name to the back of the check. Id. at 713. The Nunez court found that the term “maker” had a particularized meaning regarding the forgery of a check. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
74 S.W.3d 282, 2002 Mo. App. LEXIS 903, 2002 WL 753836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-skaggs-moctapp-2002.