STATE v. CALICOTTE

No. 24318.

78 S.W.3d 790 (2002)

STATE of Missouri, Plaintiff-Respondent, v. Kevin R. CALICOTTE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

July 3, 2002.


Attorney(s) appearing for the Case

Craig A. Johnston, Asst. Public Defender, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., for Respondent.


JAMES K. PREWITT, Judge.

Following a jury trial in Pulaski County, Kevin R. Calicotte ("Defendant") was convicted of felony attempted stealing in violation of § 564.011, RSMo Supp.1998, and sentenced to four years' imprisonment. Defendant appeals his conviction and sentence, contending that the trial court erred in overruling his motion for judgment of acquittal at the close of all evidence and in sentencing him for a felony because the evidence failed to establish...

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