State v. Moland

ELLEN S. ROPER, Special Judge.

Charged as a persistent offender, appellant was tried to a jury and found guilty of stealing without consent in violation of Section 570.030, RSMo 1978; punishment was assessed at three years imprisonment. Thereafter the trial court, pursuant to Section 558.016, RSMo 1978, extended appellant’s sentence to six years imprisonment and entered judgment accordingly. An appeal was taken to the Western District of the Missouri Court of Appeals.

The Western District transferred the cause to this Court under Rule 83.02 because Instructions No. 5 (MAI — CR2d 24.02.-1) and…