State v. Reid

FLANIGAN, Presiding Judge.

A jury found defendant guilty of stealing property valued at more than $150, a Class *737C felony, (§ 570.030, par. 3[1] )1 The trial court found defendant to be a persistent offender, (§ 558.016, par. 3), and imposed a seven-year sentence. Defendant appeals.

Defendant’s first point is that the trial court erred in finding him to be a persistent offender and in refusing to permit the jury to assess the punishment for these reasons: (a) The amended information on which the finding of persistent offender status was based was not filed with leave of court as required by Rule…