State v. Howerton

GREENE, Judge.

Defendant, Steven R. Howerton, was charged in a two-count indictment with the class A felonies of assault in the first degree (§ 565.0501) and armed criminal action (§§ 571.015, 571.017). A jury convicted Howerton on both charges and recommended a 10-year sentence on the assault charge, but was unable to agree on punishment for the armed criminal action offense. Howerton was court-sentenced to 35 years’ imprisonment on the armed criminal action conviction to run concurrently to the 10-year sentence assessed on the assault conviction.

On appeal, Howerton first alleges that the…