Criminal Law: Stealing-Felony Enhancement
Defendant pleaded guilty to stealing a front-end loader worth at least $25,000 and received a 10-year sentence. The Supreme Court subsequently decided that the stealing statute did not allow the offense to be enhanced to a felony. The trial court initially granted defendant relief but reversed when the Supreme Court clarified that its holding applied […]
Criminal Law: Theft- Felony Enhancement- Post-Conviction Relief
Defendant pleaded guilty to theft of at least $500; subsequently, the Missouri Supreme Court issued a ruling that the plain language of defendant’s offense did not allow enhancement to a felony. Defendant moved for post-conviction relief, but the motion court concluded the supreme court’s holding was not retroactive. Where Supreme Court explicitly stated that its […]
Criminal Law : Felony Enhancement – Stealing
State v. Luster (MLW No. 71276/Case No. ED105003- 5 pages) (Mo.Ct.App. E.D., Quigless, J.)
Criminal Law : Felony Stealing – Felony Enhancement – Bazell
State v. Metternich (MLW No. 70040/Case No. WD79253 – 5 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
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