Finazzo v. State

GARY M. GAERTNER, Presiding Judge.

Defendant appeals from denial of post-conviction relief following a Motion 27.26 evidentiary hearing. Defendant seeks to vacate an eight year sentence upon conviction of two counts of burglary second degree and one count of stealing over $150.00. We affirm.

In 1985, defendant entered a guilty plea to the charges he now wishes to vacate. At trial, a pre-sentencing investigation report (PSI) was ordered by Judge Nolan. Upon review of the PSI, defendant was found to be a persistent offender in that he had been convicted of at least two prior felonies. However,…