State v. Olney

VICTOR C. HOWARD, Judge.

Carl Franklin Olney was convicted of assault in the first degree, § 565.050, RSMo 1994, and armed criminal action, § 571.015, RSMo 1994, and was sentenced as a persistent offender to two consecutive ten-year terms of imprisonment. Although his convictions were affirmed by this court on direct appeal in State v. Olney, 954 S.W.2d 698 (Mo.App. W.D.1997), the cause was remanded to the trial court for resentencing. In Olney, this court found that the trial court’s imposition of consecutive sentences was based upon an erroneous belief that § 571.015 requires that any…