Hubbard v. State

Carolyn S. Hubbard (Hubbard) appeals the trial court’s denial of her Rule 24.035 motion after an evidentiary hearing. Hubbard pleaded guilty to stealing over $150, § 570.030.3(1), RSMo 1986, a class C felony, and to being a prior offender under § 558.-019, RSMo Cum.Supp.1992, and to being a persistent offender under § 558.016, RSMo Cum.Supp.1993. She was sentenced to ten years imprisonment.

The judgment is affirmed, except that the court vacates the portion of Hubbard’s sentence which declares her to be a prior offender under § 558.019, RSMo Cum.Supp.1992.

Hubbard’s first point is that the…