State v. Williams

CRIST, Presiding Judge.

Defendant appeals from a conviction of burglary second degree, in violation of § 569.170, RSMo. 1978 for which he was sentenced to a fifty-four (54) month term of imprisonment as a “persistent offender.” We affirm.

On September 29, 1979, defendant and co-burglar gained entry to a service station by prying open a window. Although the co-burglar surrendered immediately upon being observed by a police officer, defendant made an unsuccessful attempt to escape. At trial, a jury found defendant guilty of burglary second degree and assessed punishment at two (2) years in the…