SMITH v. STATE

No. 45352.

655 S.W.2d 887 (1983)

Benjamin SMITH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

August 9, 1983.


Attorney(s) appearing for the Case

David A. Horwitz, Clayton, for appellant.

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


CRIST, Judge.

Appeal from a Rule 27.26 motion which was sustained in part, overruled in part and in which movant was resentenced to a term of eight years imprisonment. We affirm.

Movant was convicted by a jury of stealing property of a value over $150, a Class C felony under § 570.030 RSMo 1978. In accordance with the jury assessment, the trial court sentenced movant to a term of five years imprisonment. The trial court then found movant to be a persistent...

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