State Missouri v. Vance E. Tivis

Appellant, Vance E. Tivis, appeals his conviction after trial by jury, for robbery in the second degree in violation of section 569.030, RSMo 1986. 1 Also consolidated herein is appellant's appeal from the dismissal of his motion for postconviction relief under Rule 29.15. The record reflects that on November 6, 1990, at approximately 7:00 p.m., the victim herein, Carolyn Tagel, arrived at her apartment complex. It was after dark and Ms. Tagel noticed headlights of a car behind her as she pulled into the parking lot of her apartment complex. Ms. Tagel had been grocery shopping so she stopped in the lot near her apartment to unload her groceries. There was no designated parking space available so she parked behind and perpendicular to cars already parked in order to unload her car. As Ms. Tagel got two bags of groceries from her car, Vance Tivis approached her. Ms. Tagel saw Tivis exit from the car that had followed her into the lot.