STATE v. McELVAIN

No. WD 66589.

228 S.W.3d 592 (2007)

STATE OF MISSOURI, Respondent, v. Joseph K. McELVAIN, Appellant.

Missouri Court of Appeals, Western District.

June 29, 2007.


Attorney(s) appearing for the Case

Kent Denzel, Columbia, MO, for appellant.

Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for respondent.

Before NEWTON, P.J., BRECKENRIDGE and ELLIS, JJ.


PATRICIA BRECKENRIDGE, Judge.

Joseph K. McElvain appeals his conviction for felony stealing, under section 570.030, RSMo Cum.Supp.2004, after a jury trial. Mr. McElvain waived jury sentencing and the trial court sentenced him to two years imprisonment. In his first point on appeal, Mr. McElvain asserts that the trial court abused its discretion in overruling his motion to exclude and in admitting evidence concerning a plastic bag and its contents that police officers...

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