State v. Galardo

HOGAN, Judge.

Upon trial to a jury, defendant James Kyle Galardo was convicted of second-de*361gree burglary, as defined by § 569.170, RSMo 1978, and stealing, as defined by § 570.030.1, RSMo 1978. The trial court expressly found defendant to be a prior offender within the meaning of § 558.016.2, as amended, Laws of Mo.1981, p. 636, and fixed defendant’s punishment at imprisonment for 2 terms of 5 years, to be served concurrently.

Defendant filed a timely motion for new trial on the ground of newly-discovered evidence. After a hearing at which defendant was present, the trial court denied the…