State v. Fleming

TITUS, Judge.

A Jasper County jury found defendant guilty of second degree burglary and stealing. It was unable to agree upon punishment. The trial court, per Rule 27.03, assessed the maximum punishments allowable under §§ 560.095(2) and 560.110, subd. 1, coupled with the pronouncement that the stealing sentence was to run consecutively, not concurrently. § 560.110, subd. 2. Defendant appealed.1

The quantity of the evidence to support the conviction is conceded. Here, defendant’s points relied upon concern (1) the sufficiency of the original information to charge the crime of second degree…