STATE OF MISSOURI v. PHILIP SPITLER (2017)

Missouri Court of Appeals, Western District.

STATE OF MISSOURI, Respondent, v. PHILIP J. SPITLER, Appellant.

WD79285

Decided: March 21, 2017

Before Division Three: Alok Ahuja, P.J., and Victor C. Howard and James E. Welsh, JJ.

Attorneys: Christian Lehmberg, Columbia, MO for appellant Rachel S. Flaster, Jefferson City for respondent

ORDER

Following a jury trial in the Circuit Court of Cass County, Appellant Philip Spitler was convicted of one count of felony first-degree property damage and one count of misdemeanor stealing. The convictions were based on an accomplice-liability theory. Spitler appeals. He argues that the evidence was insufficient to support his first-degree property damage conviction, because there was no evidence that he knew that the principal offender intended to damage the property at issue. Spitler also contends that the trial court plainly erred in failing to declare a mistrial, or instruct the jury to disregard, following the erroneous admission of a hearsay statement by his co-perpetrator implicating Spitler. We affirm. Because a published opinion would have no precedential value, we have provided the parties with an unpublished memorandum setting forth the reasons for this order. Rule 30.25(b).

PER CURIAM:

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