Thomas v. Kemna

BRECKENRIDGE, Presiding Judge.

Earl Thomas filed a petition for writ of habeas corpus in this court for the sole purpose of challenging his sentencing as a class X offender under § 558.019, RSMo 1986.1 In his petition, Mr. Thomas alleges that the sentencing court exceeded its jurisdiction in sentencing him as a class X offender on five counts of forcible rape, an unclassified felony, since sentence enhancement under § 558.019 applied only to class A and B felonies. Mr. Thomas also alleges that the sentencing court exceeded its jurisdiction in sentencing him as a class X offender on one count…