Thomas A. Miller v. Arvid Owsley

The movant Scharnhorst appeals from an order which denied his Rule 27.26 motion to vacate judgment and sentence after an evidentiary hearing. Scharnhorst was charged by information with receiving stolen property [§ 570.080, RSMo 1978] and as a persistent offender, punishable by an extended term [§ 558.016.3, RSMo Supp. 1984]. The information alleged seven specific prior felony convictions as the basis for the allegation of the persistent offender status. Scharnhorst pleaded guilty to receiving stolen property and, under the terms of a plea bargain agreement, was sentenced to a term of imprisonment for fifteen years as a persistent offender. The execution of the sentence was suspended and Scharnhorst was placed on probation for a term of five years. Subsequently, the probation was revoked and the fifteen year sentence was ordered executed.