State v. Davis

TITUS, Judge.

Defendant was jury-convicted of burglary in the second degree, a class C felony (§ 569.170)1, and assault in the second degree, a class D felony (§ 565.060). After determining that defendant was a “persistent offender” per § 558.016-2, the trial court concurrently sentenced him to seven years on the burglary conviction and to five years on the assault charge. This appeal ensued.

Near 2:05 a. m. March 5,1979, Springfield police were radio-dispatched to an auto supply store as the result of a burglar alarm. Upon arriving at the rear of the store, Corporal Applegate saw defendant…