State v. Wrice, 389 S.W.3d 738

Wrice was charged as a prior and persistent offender with burglary in the second degree.
A jury found Wrice guilty of the charged offense.
The trial court sentenced Wrice to ten years in the Missouri Department of Corrections.
Wrice appeals asserting insufficiency of the evidence and error in sentencing as a prior/persistent offender.
The State contends the evidence was sufficient and the sentencing was proper despite some timing ambiguities.
The opinion affirms the conviction and the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for burglary elements	Wrice	State	Evidence sufficient to convict
Whether sentencing as prior/persistent offender was properly proven	Wrice	State	No plain error; proper under record

State v. Gibbs, 306 S.W.3d 178 (Mo.App. E.D. 2010) (sufficiency review standard)
State v. Vernon, 837 S.W.3d 88 (Mo.App. W.D. 2011) (intent may be inferred from circumstances)
State v. Green, 812 S.W.2d 779 (Mo.App. W.D. 1991) (intent to commit burglary exists where building contains items of value)
State v. Haslar, 887 S.W.2d 610 (Mo.App. W.D. 1994) (consummation of intended crime not necessary to establish intent)
State v. Vineyard, 839 S.W.2d 686 (Mo.App. E.D. 1992) (evidence of entry and presence supports intent to steal)
State v. Teer, 275 S.W.3d 258 (Mo. banc 2009) (prior offender status must be pleaded and proven before jury submission)
State v. Comte, 141 S.W.3d 89 (Mo.App. S.D. 2004) (plain-error standard requires manifest injustice)