State v. Thompson

691 S.W.2d 322, 1985 Mo. App. LEXIS 3956
CourtMissouri Court of Appeals
DecidedApril 2, 1985
DocketNo. 47624
StatusPublished
Cited by4 cases

This text of 691 S.W.2d 322 (State v. Thompson) 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. Thompson, 691 S.W.2d 322, 1985 Mo. App. LEXIS 3956 (Mo. Ct. App. 1985).

Opinion

SIMON, Presiding Judge.

Michael Alvin Thompson (Thompson) appeals from his conviction for one count of forgery (Section 570.090.1(4) RSMo 1978), following a jury trial in the Circuit Court of the City of St. Louis. Thompson was sentenced as a persistent offender to a term of thirteen years.

On appeal, Thompson contends the trial court erred: (1) in refusing to grant his request for a mistrial based on a witness’s testimony of previous bad acts by Thompson which were not within a hearsay exception; (2) in giving identical verdict directors for Counts I and II, and failing to differentiate between the two forgeries, thus violating his Fifth Amendment guarantee against double jeopardy; and (3) in denying his motion for new trial or acquittal as to Count II based on the same error set forth in Thompson’s second point. We affirm.

As the sufficiency of the evidence is not challenged in this case, we shall set forth only those facts necessary to the disposition of this appeal.

On September 13, 1982, Thompson approached Carol Lovins (Lovins) in order to solicit her help in cashing some forged checks. Thompson claimed he wanted the money to send to Michele Perry (Perry), an employee of Lovins who was in the city workhouse. Thompson approached Lovins at the Methadone Clinic (Clinic) where Lo-vins was waiting to obtain Methadone for Perry. Lovins testified that Thompson wanted her help in cashing some forged checks and if she refused, he threatened to blow up her beauty shops or beat her up the way he had Perry. Lovins testified that as a result of a beating inflicted by Thompson, Perry had sustained a broken collarbone and three broken teeth. The beating occurred during Thompson’s attempt to induce Perry to steal customers’ account numbers from Lovins’ cash register and write some checks on them. A few weeks earlier when Lovins questioned Thompson about taking the account numbers, he struck her head with his hand.

Lovins agreed to help Thompson with the intention of ensuring his arrest. Thompson showed Lovins about twenty payroll checks, then he went to the back of the Clinic and typed names on two of the checks. He then had the checks, “check protected” (a method of embossing the written amount onto the face of the check) at a nearby pawnshop. During this interval Lovins called Officer Walsh, with whom she had previously worked as an informer, and related Thompson’s plans. Officer Walsh encouraged Lovins to go along with Thompson’s forgery scheme and she agreed to contact Walsh later to tell him where the checks were to be cashed. After making the call, Lovins met Thompson and another man, Jerome Clark (Clark), who also agreed to take part in the scheme.

The trio entered Clark’s car and proceeded to Eagle Bank and Trust. On the way Lovins observed Thompson forge a signature on one of the checks with a blue felt tip pen. He endorsed the check as “Mildred Bell,” placed account number “5128880” on the back of the check and designated the same name as payee. After they drove through the bank to “check it out,” Clark and Thompson got out leaving Lovins to drive to the bank alone. Lovins [324]*324cashed a check for $200.00 at the drive up window and then met Thompson and Clark across the street. The bank teller testified that Lovins was at the bank around 1:30 to 2:00 P.M.

Having received the cash, Thompson and Clark decided to drive several blocks north to purchase some drugs. On the way back to the bank Lovins informed Thompson she needed to call her sister, but instead phoned the police. She talked to Detective Shrum, informing him that Thompson wanted her to cash another check. After calling Officer Walsh, Detective Shrum and Detective McEntee drove to the Clark Station where Lovins had placed the last phone call. Detectives Stewart and Helb-ing arrived in another car. Upon their arrival, the officers noticed Clark’s car, a black Lincoln, at the Clark Station. Officer Stewart testified he observed Thompson hand Lovins another check. Lovins then left in the car to cash the check, while Clark and Thompson remained at the gas station. On her way to the bank, Lovins stopped at a lot nearby where she showed the check to Officers Shrum and Stewart. Lovins parked at a lot directly across from the bank and went up to the walk-up window. The bank teller testified Lovins cashed a check at her window between 4:00 and 5:00 P.M.

While Lovins was in the bank, Thompson and Clark walked from the gas station to Clark’s parked car. Thompson carried a brown paper bag which had the top of a magazine sticking out of it. After cashing the second check for $200.00, Lovins returned to the car and entered the front passenger seat while Thompson entered the back seat and Clark drove out of the lot. The policemen followed the car a short distance before pulling them over. One of the officers noticed Thompson trying to conceal the magazine in the cushion on the back of the front seat. After the trio were handcuffed, an officer searched the car and pulled the magazine out revealing an envelope which contained nine checks which appeared to be forged. The checks issued from C.M. Brown and Associates, Inc. and Officer McEntee testified that check No. 275 bore the name Mildred Bell, the same endorsement on the checks cashed at Eagle Bank.

At trial, Thompson neither testified nor introduced evidence. Mildred Bell testified she had never signed the two checks nor had she ever received a check from Charles M. Brown, the payor on the checks. Bell remembered her mailbox had been broken into and some bills were taken. Charles M. Brown testified he had closed a checking account in February 1980 after he noticed some checks were missing and that neither he, nor anyone under his authority, had written checks to Mildred Bell. Brown identified the two cashed checks and six others found in the magazine as those missing since February.

The jury acquitted Thompson on Count I (forgery), but convicted him on Counts II (forgery) and III (receiving stolen property). Thompson moved for a new trial or judgment of acquittal on Counts II and III based on the following: As to Count II (forgery), he contended Count II verdict director was identical to the Count I verdict director on which he was acquitted and, as a result, he was not clearly apprised of which forgery he was found guilty. As to Count III (receiving stolen property over $150), Thompson contended the instruction confused the jury because it was not a MAI-CR instruction and was not applicable to the facts since there was some dispute as to the value of the uncashed checks. The trial court sustained Thompson’s motion as to Count III and entered a judgment of acquittal. Thompson’s motion as to Count II was denied and he was sentenced as a persistent offender to a term of thirteen years. It is from this judgment that Thompson appeals.

Thompson’s first point is that the trial court erred in failing to grant a mistrial when Lovins testified that Thompson threatened to beat her and described Perry’s injuries which resulted from a prior beating inflicted by Thompson. He maintains the testimony does not fall within the recognized exceptions to the proscriptions [325]*325against allowing evidence of crimes distinct from that charged. Additionally, Thompson maintains the prosecutor’s reference in closing argument to Thompson’s beating women was prejudicial error.

The record reveals Lovins testified Thompson had threatened to beat her or blow up her beauty shop if she refused to help him in cashing some forged checks. Immediately following this statement the prosecutor asked the following:

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Related

State v. Johnson
62 S.W.3d 61 (Missouri Court of Appeals, 2001)
Michael A. Thompson v. Jim Jones
870 F.2d 432 (Eighth Circuit, 1988)
State v. Henderson
743 S.W.2d 583 (Missouri Court of Appeals, 1988)
State v. Nolan
717 S.W.2d 573 (Missouri Court of Appeals, 1986)

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Bluebook (online)
691 S.W.2d 322, 1985 Mo. App. LEXIS 3956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thompson-moctapp-1985.