State v. Summers

GARRISON, Judge.

Michael Wayne Summers (“Appellant”) was convicted by a jury of the class C felony of attempt to manufacture a controlled substance, § 564.011,1 and the related offense of second degree felony murder, § 558.011. Having been found to be a persistent misdemeanor offender, he was sentenced by the trial court to concurrent sentences of seven years and life imprisonment. On this appeal, Appellant contends that he was not a persistent misdemeanor offender, and that he should have been sentenced by a jury rather than by the trial court.

The procedural history of this case, which is…