State v. Ellifrits

HOLMAN, Judge.

Defendant was charged with the offense of burglary in the second degree (dwelling house). See § 560.045. 1 The information also charged two prior felony convictions under the provisions of § 556.280. The jury found defendant guilty as charged and the court (after making the required findings) fixed his punishment at imprisonment for a term of six years. See § 560.095 (2). Defendant has appealed.

This appeal was originally heard in Division Two where an opinion was adopted but the case was transferred to the Court en Banc on the court’s own motion. Additional briefs were filed and…