STATE v. SMITH

No. 43329.

621 S.W.2d 94 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Benjamin SMITH, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

August 18, 1981.


Attorney(s) appearing for the Case

Stephen C. Ludwinski, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Westfall, Pros. Atty., Clayton, for plaintiff-respondent.


REINHARD, Judge.

Defendant was convicted by a jury of stealing property of a value over $150, a class C felony under § 570.030, RSMo. 1978. The court sentenced him to a term of five years in the Division of Corrections, in accordance with the jury assessment, and to an additional term of three years, to run consecutively with the five-year term, after the court found the defendant to be a persistent offender under § 558.016, RSMo. 1978.

On appeal...

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