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Criminal Law : Post-Conviction Relief – Bazell – Restitution
Stephanie Maniscalco//September 7, 2018
Criminal Law : Post-Conviction Relief – Bazell – Restitution
Stephanie Maniscalco//September 7, 2018
Where a defendant in a burglary and felony stealing case challenged the denial of post-conviction relief, the motion court did not err in denying the claim that the court improperly enhanced his misdemeanor stealing conviction to a class C felony since State v. Bazell applies prospectively only except for cases still pending on direct appeal, but the court erred in denying claims that the court improperly added orders of restitution to the judgment and sentences after it had exhausted its jurisdiction.
Judgment is affirmed in part; vacated in part; dismissed in part.
Bosworth v. State (MLW No. 72028/Case No. ED105802 – 11 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, Warren County, Dalton, J. (Carol D. Jansen for appellant) (Gregory L. Barnes for respondent).
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