STATE v. PROBY

Nos. SD 32772, SD 32773.

437 S.W.3d 375 (2014)

STATE of Missouri, Respondent, v. Joseph Willie PROBY, Appellant.

Missouri Court of Appeals, Southern District, Division One.

July 28, 2014.


Attorney(s) appearing for the Case

Samuel Buffaloe , Columbia, for Appellant.

Chris Koster , Atty. Gen., Adam Rowley , Asst. Atty. Gen., Jefferson City, for Respondent.


DANIEL E. SCOTT, J.

A jury found Joe Proby guilty of victimizing a Wal-Mart store-four burglaries and four thefts during 2012. He complains that trial references to his 2009 thefts from the same store were "not legally relevant" in that "the probative value of the evidence was outweighed by its prejudicial effect."

An accused's prior misconduct, while not admissible to show propensity, is admissible if otherwise relevant both logically (tends to show...

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