Woods v. State

PER CURIAM. 1

Terry J. Woods stole clothing from a retailer. He was charged under section 570.040, RSMo 2000. That statute prescribes an enhanced penalty for a person who “has previously pled guilty or been found guilty on two separate occasions of stealing.” (Emphasis added.) 2 Woods pleaded guilty. To prove the element of prior crimes, the state established two previous guilty pleas entered on the same date, in the same court, with the same counsel, and the same judge. The trial court sentenced Woods for a class C felony.

Woods filed a motion pursuant to Rule 24.035, claiming his sentence…