State v. Russell
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The Supreme Court reversed the judgment of the circuit court sentencing Appellant for class C felony stealing under Mo. Rev. Stat. 570.030 because State v. Bazell, 497 S.W.3d 263 (Mo. banc 2016), held that stealing in violation of section 570.030 is a class A misdemeanor that cannot be enhanced to a felony.
Appellant pleaded guilty to stealing in violation of section 570.030. Before Appellant's sentencing occurred Bazell was decided. Bazell held that stealing under section 570.030.1 was a class A misdemeanor that could not be enhanced to a class C felony. The circuit court subsequently sentenced Appellant to seven years for a class C felony, despite Appellant's objection that Bazell required he be sentenced for a class A misdemeanor. In his direct appeal, Appellant argued that he received an excessive sentence. The Supreme Court agreed, holding (1) Appellant did not waive his claim that he received an excessive sentence; and (2) the circuit court erred in sentencing Appellant for a class C felony.
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