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657 S.W.2d 52

State v. Easter

Missouri Court of Appeals

Decided July 19, 1983

Missouri Court of Appeals · decided 1983-07-19

Cited by 3 later decisions — most recently July 1991

3 state decisions

Relies on State v. Berry · State v. Hoyel

Good law ✅— No negative treatment on recordhow we know

Decided 1983-07-19

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CRIST, Judge.

¶1Defendant questions the sufficiency of the evidence supporting his conviction and admission into evidence of his subsequent “bad acts” in a jury trial for stealing over $150.00. The trial court sentenced defendant as a persistent offender to 15 years imprisonment. We affirm.

¶2Where evidence showed defendant entered store, placed 4 suits with a wholesale value of $400.00 in a shopping bag, and exited store without paying for the merchandise, all the while being observed by the store’s security guard, the evidence was sufficient to support defendant’s conviction.

¶3Defendant’s motion in limine to exclude evidence he shot the prosecution’s witness, the store security guard, on the morning of the second day of defendant’s trial was properly denied by the trial court. Evidence showing defendant criminally attempted to prevent a person from testifying against him in court helps show defendant’s consciousness of guilt and is therefore ad-missable as evidence of guilt of the principal facts charged. State v. Hoyel, 534 S.W.2d 266, 269 (Mo.App.1975).

¶4If in the sound discretion of the trial court the probative value of admissable evidence outweighs its potential for prejudice, the evidence will be admitted. State v. Berry, 609 S.W.2d 948, 954 (Mo. banc 1980). We find no abuse of discretion.

¶5Judgment affirmed.

CRANDALL, P.J., and REINHARD, J., concur.
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