State v. Franklin

WASSERSTROM, Presiding Judge.

The jury convicted defendant of stealing a motor vehicle, and based upon defendant being charged under the second offender act, the court fixed his punishment at imprisonment for five years. On this appeal, defendant assigns as error: (1) that the jury, not the judge, should have assessed punishment, because the procedure for applying the second offender act, Section 556.-280 (all statutory references being to RSMo 1969) was not followed; and (2) that the trial court failed to require the State to produce certain photographs requested by defendant under Rule 25.32.