State v. Sinclair

BILLINGS, Presiding Judge.

Defendant Randy Lee Sinclair was convicted of second degree assault [§ 565.060, RSMo 1978] and armed criminal action [§ 571.015, RSMo 1978]. He was sentenced as a persistent offender [§ 558.016, V.A. M.S.] on the assault conviction to an eight - year prison term. Pursuant to the jury’s verdict, the court sentenced him to a thirty-year term for armed criminal action. 1 By reason of Sours v. State, 603 S.W.2d 592 (Mo. banc 1980), we are required to reverse and set aside the sentence and judgment for armed criminal action. We affirm the sentence and judgment for assault.