State v. Smith

LOWENSTEIN, Presiding Judge.

The appellant, Thomas Smith, after a jury trial, was found guilty of: second degree burglary, sentenced as a class x offender to fifteen years; stealing, as a prior and persistent offender, sentenced to fifteen years concurrent to the burglary conviction; carrying a concealed weapon, § 571.030.1(1), RSMo 1993, and sentenced to ten years as a prior and persistent offender, runmng consecutive to the first two sentences. Smith’s appeal of the denial of his motion for post conviction relief is consolidated with this appeal.

Just before 4:00 a.m. on January 24, 1993, a…