State v. Passley

GARY W. LYNCH, Judge.

Following a bench trial, Steven Fitzgerald Passley (“Defendant”) appeals his conviction and sentencing as a prior and persistent offender on the class C felony of *182stealing, pursuant to section 570.030.3(3)(c).1 Defendant claims the enhancement of the offense from a class A misdemeanor, see section 570.030.8, to a class C felony was erroneous in three respects: section 570.030.3 does not provide for the- enhancement; the information did not allege an element necessary for the enhancement; and the evidence adduced at trial was not sufficient to support the enhancement.…