State v. Russ

ROBERT G. DOWD, Jr., Chief Judge.

Thomas Russ (Defendant) appeals from the judgment of the trial court sentencing him as a prior and persistent offender. We affirm.

This case comes before us for the second time. Defendant previously appealed his convictions for rape (Count I), armed criminal action (Counts II & IV), first-degree robbery (Count III), and felonious restraint (Count V). We found the evidence insufficient to sentence him as a prior and persistent offender and remanded his case for re-sentencing. State v. Russ, 945 S.W.2d 633, 636 (Mo.App. E.D.1997). We stated that “[o]n remand, the…