Where a defendant, whose probation was revoked, challenged the judgment overruling her motion for post-conviction relief from sentences imposed in 2017 for felony stealing, the defendant was on probation and had not been sentenced at the time the court decided State v. Bazell, which held that misdemeanor stealing could not be enhanced to a felony, so the trial court erred in sentencing her for felonies.
Judgment is reversed and remanded.
Hamilton v. State (MLW No. 74981/Case No. SC97881 – 7 pages) (Supreme Court of Missouri, Stith, J.; all concur) Appealed from circuit court, Lincoln County, Beck, J. (James Egan, Columbia, for Hamilton) (Shaun Mackelprang, Jefferson City, for the state).