State v. Wade

NORWIN D. HOUSER, Senior Judge.

Nathaniel Wade, charged with Stealing Without Consent, a Class C Felony, § 570.-040, RSMo 1978, tried and convicted by a jury and sentenced by the court to 12 years in the custody of the department of corrections as a persistent offender under § 558.-016, RSMo 1978, has appealed.

Appellant’s first point is that the court erred in refusing to grant a continuance and in forcing the case to trial because defendant’s counsel, through no fault of defendant or counsel, was not prepared to try the case. On December 15, 1982 the case was sent to the office of the special…