State v. Nesbitt

LAWRENCE E. MOONEY, Judge.

The defendant, Robert Nesbitt, appeals the judgment entered by the Circuit Court of St. Louis County following his convic tion by a jury on three counts of forgery, in violation of section 570.090 RSMo. (Supp.2008). 1 The trial court sentenced the defendant as a persistent offender to enhanced sentences of ten years’ imprisonment on each count, to be served concurrently. Because the State filed a superseding indictment that failed to charge the defendant as a persistent offender, the trial court could not enhance the sentence. And because the trial court improperly…