State v. Mallory

MONTGOMERY, Presiding Judge.

By an amended information, Aaron Co-nell Mallory (Defendant) was charged with second degree burglary (Count I) and stealing (Count II), each offense being a class C felony. Defendant was further alleged to be a prior offender.

A jury acquitted Defendant of the burglary offense, but convicted him of felonious stealing. He was sentenced to seven years’ imprisonment as a prior offender and appeals from that conviction in Case No. 17625.

Subsequently, Defendant filed a motion for postconviction relief under Rule 29.15. 1 After an evidentiary hearing on his amended…