State v. Leake

BILLINGS, Judge.

Defendant James Theodore Leake, Jr., was jury-tried and convicted of stealing without consent. The trial court found that defendant was a persistent offender under § 558.016 RSMo 1978 and set sentence at three years. He challenges the application of the Persistent Offender Act in this appeal. We affirm.

The amended information alleged prior convictions of defendant as follows:

“1. On or about the 9th day of March, 1977, defendant was convicted of the felony of stealing in the Circuit Court of Jasper County, MO, and

2. On or about the 15th day of September, 1978, defendant was…