State v. BazellAnnotate this Case
After a jury trial, Defendant was convicted of burglary and four counts of stealing. Three of the four stealing counts were charged as felonies - one count for each of two firearms stolen and one count for rings stolen. The convictions stemmed from Defendant’s act of breaking into two residences and stealing items of property from each residence. The Supreme Court affirmed in part and reversed in part, holding (1) Defendant’s stealing convictions for the theft of the firearms must be classified as misdemeanors because they cannot be enhanced to felonies by the terms of Mo. Rev. Stat. 570.030.3; and (2) the trial court did not abuse its discretion in failing to grant a mistrial due to testimony regarding the composition of a photograph lineup.