State v. Shepherd

LOWENSTEIN, Judge.

Defendant was convicted by a jury of the offense of stealing without consent in violation of § 570.030.1 The jury assessed punishment at seven years imprisonment. The court found defendant to be a persistent offender within the meaning of § 558.016 and enhanced the sentence from the term recommended by the jury to a total of ten years imprisonment.

Defendant relies on four points in which he argues: (1) the instructions submitted by the court were defective for failing to give the jury the option of assessing a fine in lieu of, or in addition to, a term of imprisonment; (2)…