State v. Bailey

FENNER, Judge.

Appellant, Bernard E. Bailey, appeals his conviction after trial by jury of offering *491violence to a correctional officer under § 217.385, RSMo 1986. Following his conviction appellant was sentenced to a term of 15 years' imprisonment as a persistent offender pursuant to § 558.016.2, RSMo 1986. The facts are not in dispute.

On the morning of November 3, 1986, Corrections Officer Calvin Speckhals was working in the Special Management Facility (SMF) of the Missouri State Penitentiary (Penitentiary) doing routine inspections, “shake downs”, of the inmates to determine if they had any…