State v. TORELLO

OPINION

MARY K. HOFF, Judge.

Sanchez Torello (Defendant), alleging the trial court erred in finding Defendant was a persistent misdemeanor offender under Section 558.016 1 , appeals from the trial court’s Sentence and Judgment and Commitment (Judgment). We affirm Defendant’s conviction but remand for resen-tencing.

Factual and Procedural Background

Defendant was charged as a persistent misdemeanor offender with felonious restraint, in violation of Section 565.120, attempted forcible rape, in violation of Section 566.030, and armed criminal action, in violation of Section 571.015. 2 In support of…