State v. Ell

KAROHL, Judge.

Defendant, Freddie Ell, appeals his conviction of failure to return rented property, § 578.150 RSMo 1986. On February 3, 1989, the trial court sentenced defendant as a prior and persistent offender to five years imprisonment.

In State v. Harrison, 805 S.W.2d 241 (Mo.App.1991) (Supreme Court denied motion for transfer), we held, as a matter of first impression, that contracts which include provisions of “sale” in addition to terms of rental are not within the criminal protection of § 578.150 RSMo 1986.

The state charged defendant here with the failure to return property which was…