State v. Madewell

PARRISH, Judge.

Terry Lee Madewell (defendant) appeals the sentence he received for the class D felony of conspiracy to commit distribution of methamphetamine and marijuana. He asserts the trial court improperly sentenced him to an enhanced punishment, pursuant to § 558.016.6,1 as a persistent offender after his case was remanded for resentencing. He contends that because his original punishment was no greater than that authorized by § 558.011.1, the imposition of an enhanced punishment upon resentencing was error.

Defendant also filed a motion for post-conviction relief pursuant to Rule 29.15…