Barr v. Steele

ORIGINAL PROCEEDING IN HABEAS CORPUS WRIT GRANTED

Kevin M. Barr (“Petitioner”) filed a petition for writ of habeas corpus in this Court challenging the lawfulness of his confinement in the Missouri Department of Corrections pursuant to a judgment of conviction and sentence entered by the circuit court of Polk County, Missouri, on October 25, 2004. Finding merit in Petitioner’s claim, he is ordered remanded to the circuit court of Polk County for resentencing.

The facts are not in dispute. On July 20, 2004, Petitioner was charged with stealing anhydrous ammonia in violation of § 570.030.4, RSMo…