State v. Shipley

GRIMM, Judge.

A jury found defendant guilty of stealing by deceit, § 570.030. * The trial court, finding defendant to be a prior and persistent offender, sentenced him to eighteen years. He appeals that judgment and the denial of his Rule 29.15 motion.

Defendant’s first point requires us to reverse. The trial court erred in submitting stealing by deceit as a lesser included offense of first degree robbery. His second point concerns his Rule 29.15 motion and is therefore moot.

I. Background

Defendant told three men he would sell a motorcycle for $2,600. The three men went to get the money. They…