State v. Tivis

BRECKENRIDGE, Presiding Judge.

Vance Tivis appeals his convictions of burglary in the second degree, § 569.170, RSMo 1994, and stealing, § 570.030, RSMo 1994. 1 Mr. Tivis contends that the trial court erred by refusing to instruct the jury on the lesser included offense of misdemeanor stealing, and by sentencing him as a class X offender. Mr. Tivis also appeals the motion court’s denial, without an evidentiary hearing, of his Rule 29.15 motion in which he claimed ineffective assistance of counsel, and the denial of his request for a change of judge. The convictions, sentences and denial of…