State v. Perryman

TITUS, Judge.

Tried under the habitual criminal law (§ 556.280) 1 , defendant was jury-convicted of second degree burglary (§ 560.070) and stealing. § 560.156. He was sentenced by the court to seven years for burglary [§ 560.095(2)] and three years for stealing (§ 560.110, subd. 1) under a pronouncement the two sentences were to run consecutively. § 560.110, subd. 2. The sufficiency of the evidence to sustain the conviction is not questioned in this appeal. Therefore, we recast only the facts necessary to determine the four points relied on by defendant.

I

Defendant first contends the trial…