State v. Helm

DOWD, Judge.

Defendant appeals after a jury convicted him of burglary in the second degree in violation of Sec. 569.170, RSMo.1986. Defendant was sentenced as a persistent offender to ten years’ imprisonment to run consecutively to another sentence for which he was already in prison. Also consolidated within this appeal, Defendant appeals the denial of his Rule 29.15 motion without an evidentiary hearing. We reverse and remand for a new trial.

Defendant does not challenge the sufficiency of the evidence on appeal. The facts viewed in the light most favorable to the verdict reveal that on…