Felony stealing charge could be invalid after Supreme Court ruling

A Missouri Supreme Court ruling Tuesday has caused the review of thousands of stealing cases from the last fourteen years.

The court voted unanimously to reverse the felony conviction of Amanda Bazell in Cass County for stealing guns. A jury convicted her in 2013 for burglary, two counts of theft of a firearm, and both misdemeanor and felony stealing charges. Bazell is serving a 12 year sentence.

The court’s decision sends the case back to Cass County, in western Missouri, after reversing the two charges for stealing guns based on the state’s definition of stealing. Ellen Flottman, district public defender for the central appellate office, had simple legal advice in regards to the court decision’s broader effect.

“Don’t plead guilty to felony stealing right now,” Flottman told ABC 17 News.

The state legislature in 2002 amended stealing laws to change ranges of punishment based on value of the item. Any stolen good less than $500 constitutes misdemeanor stealing, with a maximum punishment of one year in the county jail. Anything between $500 and $25,000 is good for a Class C felony, punishable up to seven years in prison. This class contains several other specific stolen items, such as cars, boats, credit cards or guns. Items stolen above $25,000 is a Class B felony, with a punishment between 5 to 15 years in prison.

When the legislature changed it, though, it made felony stealing “any offense in which the value of property or services is an element.” However, it did not change the original definition of stealing to say the same – making the felony “enhancement” of stealing invalid.

“We cannot know why the legislature, in 2002, decided to amend section 570.030.03 to add the requirement that only offenses for which ‘the value of property or services is an element’ may be enhanced to a felony, but this is what the legislature clearly and unambiguously did,” the court’s opinion said.

Attorney General spokeswoman Nanci Gonder said the office is reviewing the court’s ruling.

Flottman believed the change, known as House Bill 1888 that year, was most likely an “oversight”, and certainly not the intended effect. Introduced by Reps. Chris Liese (D – St. Louis County), Frank Barnitz (D – Lake Spring) and Kenneth Legan (R – Halfway), the bill started as a pawn shop regulation, requiring stores to enter item information into an online database that police could later check. On its way to the Senate, lawmakers added the language to the stealing law that the Missouri Supreme Court found so egregious.

The decision has led to many of the public defenders’ trial and appellate offices scrambling to review cases. Flottman said she had four open cases she was trying to work the latest decision into, and estimates around 20 to 30 others existed in the central appellate office alone. She wouldn’t wager a guess on how many existed since 2002 – when the office believes it can ask for a lesser punishment, and a clearing of a felony conviction.

“I can’t say for sure that anybody who’s conviction is final will get relief from this decision, but we’re certainly going to attempt it,” Flottman said.

The ruling will apply for all felony stealing charges and convictions from 2002 to the end of 2016. Starting next year, Missouri’s criminal code goes through drastic changes, including new language regarding stealing, felony or otherwise.