State of Missouri, Respondent, v. Willis J. Johnson, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: State of Missouri, Respondent, v. Willis J. Johnson, Appellant. Case Number: 53548 Handdown Date: 10/28/1997 Appeal From: Circuit Court of Clay County, Hon. David W. Russell Counsel for Appellant: James C. Cox Counsel for Respondent: John M. Morris Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Smart, P.J., Lowenstein and Stith, JJ., concur. Opinion: ORDER Willis J. Johnson was convicted, following jury trial, of stealing over $150.00, section 570.030, RSMo 1994, and sentenced to five years imprisonment. He appeals his conviction of stealing clothing from a department store, claiming that the trial court abused its discretion in denying a defense motion for mistrial following the testimony of a defense witness mentioning that Mr. Johnson had been in the store on other days besides the day of the events that formed the basis for his conviction. Having carefully considered the contentions on appeal, we conclude the judgment should be affirmed. A published opinion would lack precedential value. A memorandum as to the reasons for our decision has been furnished to the parties. Rule 30.25(b). Separate Opinion: None

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.