State v. Lucas

REINHARD, Presiding Judge.

Defendant appeals his conviction by a jury of attempted robbery in the second degree, § 564.011, § 569.030, RSMo 1986, and his sentence by the court as a prior and persistent offender, § 558.016, § 558.019, RSMo 1986, to 15 years imprisonment. After sentencing, defendant filed a Rule 29.15 motion which the trial court denied without an evidentiary hearing. Pursuant to Rule 29.15(1) these appeals have been consolidated for review.1 The judgment of conviction is affirmed. However, we remand for re-sentencing.

On September 7, 1988, defendant walked into the Mercantile…