State v. Morris

FINCH, Judge.

Defendant, convicted by a jury of operating a motor vehicle without the owner’s permission (§ 560.175, V.A.M.S.), was sentenced by the court pursuant to the Second Offender Act (§ 556.280, V.A.M.S.) to imprisonment for five years, and he appeals. We reverse and remand for a hearing and finding to determine the applicability of § 556.280.

The first issue raised involves whether defendant’s motion for judgment of acquittal should have been sustained. In determining this question, “We do not recite all of his testimony because, in testing the sufficiency of the evidence to determine…