State v. Schnelle, 398 S.W.3d 37

Schnelle was convicted by a jury in Putnam County of first-degree burglary and first-degree assault; forcible rape was acquitted.
He challenged the exclusion of two witnesses who would attest to the victim’s poor reputation for truthfulness.
Schnelle was sentenced as a persistent offender and ordered to pay restitution of $41,212.
The State alleged three prior felonies; Schnelle’s counsel appeared to waive proof of those priors during sentencing.
The appellate court later vacated the restitution order, but left the imprisonment terms intact.

Issue	Plaintiff's Argument	Defendant's Argument	Held
admissibility of reputation witnesses	Schnelle asserts the witnesses possessed knowledge of the victim’s reputation.	Schnelle contends the court erred in excluding the testimony.	Exclusion not an abuse; harmless beyond reasonable doubt
persistent offender sentencing evidence	State proved three prior felonies to support persistent offender status.	Schnelle asserts insufficient evidence of three prior felonies.	Waiver of proof by defense; no reversal required
restitution with imprisonment	Restitution ordered alongside imprisonment is permissible.	Restitution cannot accompany imprisonment under Missouri law.	Modify judgment to strike restitution; imprisonment terms remain

State v. Miller, 372 S.W.3d 455 (Mo. banc 2012) (abuse of discretion standard for evidentiary rulings; harmless error if cumulative)
State v. Smith, 314 S.W.3d 802 (Mo.App. E.D.2010) (witness reputation admissibility; community knowledge requirement)
State v. J.L.S., 259 S.W.3d 39 (Mo.App. W.D.2008) (impeachment by reputation evidence; qualifications of witness)
State v. Strughold, 973 S.W.2d 876 (Mo.App. E.D.1998) (admissibility and weight of reputation testimony; ground for exclusion)
State v. Foster, 854 S.W.2d 1 (Mo.App. W.D.1993) (evidence of character; limitations on opinion testimony)
Mitchell v. Kardesch, 313 S.W.3d 667 (Mo. banc 2010) (standard for expert and lay opinions; admissibility tied to relevance)
State v. Woods, 428 S.W.2d 521 (Mo.banc 1968) (weight of partially based testimony; admissibility regardless of extent of knowledge)
State v. Allen, 641 S.W.2d 471 (Mo.App. E.D.1982) (reputation evidence; general community knowledge standard)
Zarhouni v. State, 313 S.W.3d 713 (Mo.App. W.D.2010) (restitution cannot accompany imprisonment; remand authority considerations)
State v. Roddy, 998 S.W.2d 562 (Mo.App. S.D.1999) (restitution authority in felony sentencing)
State v. Page, 309 S.W.3d 368 (Mo.App. E.D.2010) (waiver of proof for prior offenses during sentencing)
O’Horen v. State, 927 S.W.2d 447 (Mo.App. W.D.1996) (prosecutorial and defense waiver arguments; evidentiary sufficiency)