State v. Smith

Allegedly pursuant to Rule 29.05, V.A. M.R. 1 , defendant on March 12,1981, filed in the Circuit Court of Greene County a motion “to modify the sentence imposed on September 22, 1978, to specify that it be served retroactively concurrent to defendant’s federal sentences, and his previously imposed Missouri sentences.” The motion was overruled June 23, 1981, and declared to be a final judgment for purposes of appeal. Defendant appealed.

Charged as a second offender, defendant was jury-convicted in Greene County on June 21, 1977, of second degree burglary and stealing. On July 8, 1977, the court…