State v. Gentile

CRANDALL, Judge.

Defendant, Kenneth Gentile, was convicted, after a jury trial, of burglary in the first degree. He was sentenced to imprisonment for 30 years as a class X offender. Section 558.019, RSMo (1986). He then brought a Rule 29.15 action which was denied after an evidentiary hearing. His appeals from both judgments have been consolidated. We affirm and remand for resentencing.

We first consider defendant’s direct appeal from his conviction for burglary in the first degree. The burglary victim found defendant reaching for a purse in victim’s home and chased defendant out of the house…