(Download) "State Missouri v. Ezell Martin" by Eastern District, Division Four Court of Appeals of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Ezell Martin
- Author : Eastern District, Division Four Court of Appeals of Missouri
- Release Date : January 06, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant, Ezell Martin, was charged with one count of tampering in the first degree, in violation of § 569.081 RSMo 1986. Defendant was also charged as a prior and persistent offender. After a guilty verdict, he was sentenced by the court to a term of twelve years. Defendant filed a Rule 29.15 pro se motion, contending, among other things, that the State did not prove that he was a persistent offender. His court-appointed counsel then filed an amended motion, which incorporated defendant's pro se motion, as well as presenting additional points for relief. After an evidentiary hearing, the motion court issued findings of fact and Conclusions of law denying defendant's motion. In this consolidated appeal, defendant raises two points: (1) the trial court committed plain error in that the State failed to prove beyond a reasonable doubt that defendant was a prior and persistent offender and (2) the trial court committed prejudicial error when it denied defendant's motions for judgment of acquittal, because the evidence was insufficient to establish defendant's guilt beyond a reasonable doubt. We affirm the conviction. However, we reverse and remand for resentencing if the State proves defendant was a prior and persistent offender and for a retrial if it does not.