State v. Lewis

PRITCHARD, Presiding Judge.

By the verdict of a jury, appellant was found guilty of burglary in the first degree of a home at 6849 Oak Street, Kansas City, Missouri. Upon a finding that he was a persistent offender, the trial court nevertheless sentenced him as a “prior offender” to 12 years imprisonment rather than an enhanced punishment of up to 30 years under § 558.016, RSMo 1986.

The sufficiency of the evidence is not questioned. It suffices to state that appellant was caught by police inside the home which had three window panes broken out in a glass door which led from the house onto a…