Dеfendant appeals his jury conviction of receiving stolеn property, for which he was sentenced as a prior оffender to six years imprisonment, which was to be served consеcutively to a federal sentence. We reverse and remand for a new trial.
Several police officers staked out the Parkmoor Restaurant in St. Louis County. One officer explаined he “was directed there by a confidential informant who advised me that Mr. Shigemura was in possession of stolen propеrty ... which he intended to sell at that location.” A sale took place, was observed by the police officers, and both buyer and seller (defendant) were arrested. At trial, the prosеcutor, over defendant’s objection, elicited testimony from the detective detailing the informant’s tip. Defendant, in his first point on appeal, contends this was inadmissible hearsay. The state retorts the testimony was admissible because it was not offered for the truth of the statement’s contents, but rather to explain the subsequent eon-duct of the officer in staking out the Parkmoor Rеstaurant.
We are aware that our Supreme Court has permitted testimony similar to that used here, even though hearsay, to еxplain the subsequent conduct of the witness who is testifying.
See e.g. State v. Brooks,
We аre, however, in this case, constrained to hold the admission of the statement was prejudicial error. The state had to prove defendant knew or believed the items in his possession hаd been stolen.
State v. Stark,
That statement connected defendant with the crime.
State v. Kirkland,
Beсause the judgment must be reversed and remanded, we do not consider defendant’s other points of error, as they may not arise on retrial.
State v. Jordan,
Judgment reversed and remanded for a new trial.
