State v. Smith

ROBERT G. DOWD, JR., Judge.

Defendant, Adrain Smith, appeals from the judgment upon his conviction by a jury of class D felony stealing, third offense pursuant to Section 570.040, RSMo Cum. Supp.2004, 1 for which Defendant was sentenced, as a prior and persistent offender under Section 558.016, to six years’ imprisonment. On appeal, Defendant contends the trial court abused its discretion in overruling Defendant’s motion for a new trial based on newly available evidence. In his reply brief, responding to the State’s argument in its brief, and in his “Expedited Motion to Remand for…