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STATE v. GOINS

No. SD 29130.

306 S.W.3d 639 (2010)

STATE of Missouri, Plaintiff-Respondent, v. Frankie J. GOINS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied March 3, 2010.

Application for Transfer Denied April 20, 2010.

Attorney(s) appearing for the Case

John M. Albright, Poplar Bluff, MO, for Appellant.

Chris Koster, Attorney General, and Jamie Pamela Rasmussen, Assistant Attorney General, Jefferson City, MO, for Respondent.

DON E. BURRELL, Judge.

Appellant Frankie J. Goins ("Defendant") was charged with the class C felony of stealing by deceit pursuant to section 570.030.1 The case was tried to a jury. At the close of the evidence, the jury was instructed on both the charged offense and a lesser charge of statutory "substantial step" attempt to commit stealing by deceit pursuant to section 564.011, RSMo 2000. After deliberation, the jury entered a verdict...

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