State v. SmithAnnotate this Case
Smith was arrested after a string of break-ins at Sedalia businesses and was charged with one count of first-degree burglary, four counts of second-degree burglary, four counts of felony stealing, and one count of property destruction and resisting arrest. For the first-degree burglary charge, the jury was instructed on the charged offense and the lesser included offense of second-degree burglary. The trial court refused Smith’s request for an additional instruction on first-degree trespass. Smith also requested the trespass instruction for each of the second-degree burglary charges, but the trial court refused to give the instruction for three of the four charges. The jury found Smith guilty of all charged offenses. The Missouri Supreme Court reversed in part. The trial court erred when it refused to give an instruction for first-degree trespass for the charged burglary offenses. Additionally, because the enhancement provisions of RSMo section 570.030.32 do not apply to the definition of stealing in section 570.030.1, Smith’s felony stealing convictions must be reversed and remanded for resentencing as misdemeanors. The court rejected Smith’s claim that the trial court lacked subject matter jurisdiction to convict him for allegedly burglarizing the U.S. Post Office.