State ex rel. Nixon v. Kelly

SHERRI B. SULLIVAN, Judge.

This is an original proceeding in certiorari to review the issuance of a writ of habeas corpus by the Circuit Court of St. Francois County.1 We reverse the decision of the habeas court granting habeas corpus and quash the record in the circuit court.

On. January 17, 1995, Lester Cobb (Cobb) pled guilty to one count of receiving stolen property (94CR-2184), one count of stealing over $150 (94CR-3245), and one count of first-degree attempted robbery (94CR-4719). Pursuant to plea negotiations, the State agreed to forego proving Cobb as a class X offender, as he was…