State v. Lewis

CLEMENS, Senior Judge.

A jury found defendant Alphonso Lewis guilty of feloniously stealing over $150 worth of goods from a truck terminal. It fixed punishment at two years in prison; the trial court found defendant was a persistent offender and raised the term to five years. Defendant has appealed.

Defendant initially objects to the court giving MAI-CR 2d 2.60, on the ground it tells the jury the term of imprisonment it declares may not be exceeded by the court’s judgment. In State v. Hunter, 586 S.W.2d 345, 349 (Mo.banc 1979) the court rejected this contention in a case where sentence in…