State v. Elliott

CROW, Presiding Judge.

A jury found Appellant, David Lynn Elliott, guilty of the class C felony of receiving stolen property, § 570.080,1 and assessed punishment at four years’ imprisonment. The trial court imposed that sentence, including in the judgment a clause: “Deft is a prior offender.” Appellant brings appeal 17417 from that judgment.

While appeal 17417 was pending, Appellant commenced a proceeding per Rule 29.-152 to vacate the judgment. The motion court entered findings of fact and conclusions of law, and denied relief without an evidentiary hearing. Appellant brings appeal 18074 from…