State v. Byrnes

PREWITT, Presiding Judge.

A jury found defendant guilty of first degree robbery, § 569.020, RSMo 1978, and assessed his punishment at 20 years imprisonment. The trial judge, after a sentencing hearing, sentenced him to 25 years imprisonment as a “persistent offender”. §§ 557.036, 558.016, RSMo 1978.

Defendant’s first point contends that the trial court erred in allowing the state to amend the information to charge him with being a persistent offender because § 558.016, RSMo 1978, “does not provide for such a charge in connection with a class ‘A’ felony.” He contends that the amendment to this…