State v. Gentile

KAROHL, Judge.

Kenneth Gentile again appeals his sentence on a conviction of first degree burglary, § 569.160, RSMo 1986. His first appeal, decided in State v. Gentile, 781 S.W.2d 169 (Mo.App.1989) [Gentile /] sought to overturn the movant’s sentence as a Class X offender to a thirty (30) year term of imprisonment. This court affirmed the judgment of conviction and the denial of the Rule 29.15 relief. However, we remanded the case for resentencing on the grounds that application of the Class X statute was ex post facto when applied to Gentile because the charged burglary occurred before the…