State ex rel. Windeknecht v. Mesmer

The Supreme Court denied habeas relief to Petitioners, four individuals, who were incarcerated for their convictions for the class C felony of stealing property worth $500 or more but less than $25,000, in violation of Mo. Rev. Stat. 570.030.3(1).Petitioners were sentenced to either six or seven years’ imprisonment based on the felony classification. Petitioners sought habeas corpus relief, claiming that they were sentenced in excess of the maximum sentence authorized by law because the offense of stealing is a class A misdemeanor that could not have been enhanced to a felony pursuant to the statute then in effect. The Supreme Court denied habeas relief, holding that Petitioners received a sentence that was authorized by a different interpretation of section 570.030 without objection and should not receive the benefit of retroactive application of this court’s decision in State v. Basel, 497 S.W.3d 263 (Mo. 2016). View "State ex rel. Windeknecht v. Mesmer" on Justia Law