State Ex Rel. Osowski v. Purkett

ORIGINAL PROCEEDING IN HABEAS CORPUS

On May 21, 1987, Jeffery Osowski pled guilty to the crime of attempted sodomy in violation of § 564.011.1, RSMo. 1 Because § 566.060(4) makes the crime of sodomy a class B felony, attempted sodomy is thus a class C felony under § 564.011.3(2). Osowski was sentenced to fifteen years in prison. However, for a class C felony, the authorized term of imprisonment cannot exceed seven years. § 558.011.1(3).

The body of the information charging Osowski erroneously stated that attempted sodomy was a class B felony. Pursuant to a plea agreement, Osowski pled guilty to…