Daniels v. State

GREENE, Judge.

Movant, Jerry Wayne Daniels, was jury-convicted of attempted robbery in the first degree. The jury recommended a seven year sentence but the trial court, after hearing evidence, determined Daniels was a persistent offender and assessed a thirty year sentence. The trial court’s judgment was affirmed on appeal. State v. Daniels, 655 S.W.2d 106 (Mo.App.1983).

Daniels then filed a motion to vacate his sentence which, after amendment, alleged, among other things, 1) that the sentencing court had no jurisdiction to sentence him to an extended term since the underlying information…