State v. Bennett

KENNEDY, Presiding Judge.

Defendant Robert Bennett was convicted upon jury trial of second-degree robbery and the jury assessed as punishment 10 years’ imprisonment. As a persistent offender the court under § 558.016, RSMo 1978, added 15 years and defendant was sentenced to a total of 25 years’ imprisonment. He has appealed, alleging that the out-of-court and the in-court identification of the defendant by the victim, Esther McLane, ought to have been suppressed, and urging also that the statutory enhancement procedure of § 558.016, RSMo 1978, violates defendant’s “due process rights and right…