State of Missouri v. William Bowen
523 S.W.3d 483
Mo. Ct. App.2017Background
- On Jan. 2, 2015, multiple items (wicker basket, VCR, Nintendo Wii, PlayStation 3, iPhone, Kindle, TV, games/DVDs) were reported stolen from Victim’s home.
- Police used Victim’s "Find my iPhone" and tracked the iPhone to Bowen’s residence the same morning.
- Officers saw Bowen carrying Victim’s wicker basket containing several stolen items; Bowen said he found them in a dumpster.
- A search of Bowen’s home recovered the Kindle hidden in a basement crawl space; some items (iPhone, PS3, TV) were not recovered.
- Bowen was tried by jury, acquitted of burglary, convicted of felony stealing (over $500), and sentenced to ten years as a persistent offender.
- Bowen appealed, arguing (1) under State v. Bazell the trial court lacked authority to enhance a §570.030 stealing charge to a felony, and (2) insufficient evidence he stole certain listed items.
Issues
| Issue | Bowen's Argument | State's Argument | Held |
|---|---|---|---|
| Whether §570.030.3 felony enhancements apply to a theft charged under §570.030 | Bazell controls: value is not an element of §570.030 theft, so enhancements in §570.030.3 cannot convert the misdemeanor into a felony | Bazell is distinguishable; Bazell struck enhancements based on property type (firearms), not value, so a $500-value enhancement remains valid | Court: Bazell bars all §570.030.3 enhancements for offenses charged under §570.030; conviction for felony stealing reversed and remanded for resentencing/entry consistent with misdemeanor offense |
| Whether evidence was sufficient to sustain a conviction for stealing | Bowen: State failed to prove he possessed specific items (TV, PS3, DVDs), so acquittal should have been granted | State: Need only prove essential elements of stealing; unexplained possession of recently stolen property permits inference of guilt | Court: Evidence (possession of wicker basket with stolen items, Kindle hidden at home, iPhone tracked to his home) sufficient to prove stealing beyond a reasonable doubt; denial of acquittal affirmed |
Key Cases Cited
- State v. Bazell, 497 S.W.3d 263 (Mo. banc 2016) (held §570.030.3 enhancements cannot be applied to offenses where value is not an element, reversing enhanced stealing convictions)
- Williams v. State, 386 S.W.3d 750 (Mo. banc 2012) (standard of review for sufficiency: view evidence in light most favorable to verdict)
- State v. Taylor, 298 S.W.3d 482 (Mo. banc 2009) (plain-error review standard when issue not preserved)
- State v. Severe, 307 S.W.3d 640 (Mo. banc 2010) (sentencing above statutory maximum constitutes plain error/manifest injustice)
- State v. Capraro, 291 S.W.3d 364 (Mo. App. S.D. 2009) (inference of guilt permitted from unexplained possession of recently stolen property)