Brady v. State

KENNEDY, Presiding Judge.

Brady appeals from denial of his Rule 27.26 motion to vacate his conviction for stealing, Section 570.030, RSMo 1978. The trial court found Brady to be a persistent offender and sentenced him to seven years’ imprisonment pursuant to Section 558.021, RSMo 1978.1 His conviction and sentence were affirmed on direct appeal. State v. Brady, 624 S.W.2d 187 (Mo.App.1981).

We reverse the trial court judgment and remand for resentencing in accordance with this opinion.

Appellant was tried in 1980 for burglary and stealing. He was álso charged in the information with being a…