State v. Perry

SMITH, Judge.

Defendant appeals from his convictions by a jury of second degree burglary and stealing over one hundred fifty dollars and his consecutive sentences of fifteen and ten years respectively as a prior and persistent offender. He also appeals from the denial of his post-conviction motion pursuant to Rule 29.15. *611We reverse and remand. In view of our disposition defendant’s appeal of the denial of his Rule 29.15 motion is moot.

The burglary involved the business premises of Work Now located in Maplewood. On the morning of June 30, 1988, an owner of the business, James Quinn, found the…