State v. McCoy

MARY K. HOFF, Judge.

Avery L. McCoy (Defendant) appeals from the trial court’s judgment entered following a jury verdict convicting him of trespass in the second degree in violation of Section 569.150, RSMo 2000, 1 and failure to appear in violation of Section 544.665. The trial court sentenced Defendant, as a prior and persistent offender, to a term of six months for second degree trespass and a term of seven years for failure to appear. We reverse.

While the issue is not briefed by Defendant, the State volunteers in its brief that the crime of trespass in the second degree is an infraction,…