State v. Dixon

PAUL J. SIMON, Judge.

Elbert Dixon, defendant, appeals the judgment of the Circuit Court of St. Louis City, sentencing him as a prior and persistent offender pursuant to section 558.016 RSMo 1994 (all further references herein shall be to RSMo 1994 unless otherwise indicated) following jury verdicts of guilty of assault in the first degree in violation of section 565.050 and armed criminal action in violation of section 571.015.

On appeal, defendant claims that the trial court: (1) plainly erred in finding him to be a prior and persistent offender and in sentencing him because the two felony…