Missouri Court of Appeals, Eastern District / Oct 20, 2020
State of Missouri, Respondent, v. Harley J. Ahart, Jr., Appellant.
Harley J. Ahart, Jr. appealed his conviction for tampering in the second degree after a bench trial. He was observed placing a crushed soda can with nails under his former spouse's vehicle, but no contact or damage occurred. The appellate court reversed the conviction for tampering, finding insufficient evidence because the act did not involve contact with or effect on the vehicle. However, the court found sufficient evidence for the lesser-included offense of attempted tampering in the second degree and remanded the case for resentencing on that Class B misdemeanor conviction.