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STATE v. BALLENGER

No. WD 59885.

72 S.W.3d 154 (2002)

STATE of Missouri, Respondent, v. Joel Clark BALLENGER, Appellant.

Missouri Court of Appeals, Western District.

March 19, 2002.

Attorney(s) appearing for the Case

Jeffrey E. Green, Osage Beach, for Appellant.

John T. Kay, California, for Respondent.

Before HAROLD L. LOWENSTEIN, P.J., THOMAS H. NEWTON and RONALD R. HOLLIGER, JJ.

THOMAS H. NEWTON, Judge.

Mr. Joel Clark Ballenger appeals his conviction of attempting to steal anhydrous ammonia, a class A misdemeanor in violation of § 570.030.4.1 We reverse.

I. Factual and Procedural Background

On January 17, 2001, at approximately 12:30 a.m., two Moniteau County Sheriff's Deputies were on surveillance of a farm in Moniteau County. Earlier in the day, one of the farm's co-owners, Mr. Tim Blankenship...

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