State v. Meeks

TURNAGE, Presiding Judge.

Dwane E. Meeks was charged with First Degree Robbery, § 569.020, RSMo 1986, as a prior offender, § 558.016, RSMo 1986. The jury returned a verdict on the lesser included offense of Stealing without Consent, § 570.030, RSMo 1986, a misdemean- or, § 570.030.3. The court sentenced Meeks to one year imprisonment. On appeal, Meeks contends that he was entitled to be sentenced by the jury, rather than the court; the state concedes Meeks’ point.

Reversed and remanded.

The court undertook to sentence Meeks in apparent reliance on § 557.036.2(2), RSMo 1986, which provides that…