In Bazell, the Missouri supreme court decided the prior stealing statute could not be enhanced to a felony based on a strict textual interpretation. So people sitting in prison on stealing convictions asked to have their felony conviction changed to a misdemeanor. Makes sense.
Recently our supreme court said Nope to those requests. In other words, if the defendant did not object to a prison sentence during sentencing or file a timely appeal after sentencing, then they will not be getting help from Bazell.
See State ex rel. Stephanie Windeknecht, Petitioner, vs. Angela Mesmer, Respondent; and State ex rel. Joshua Holman, Petitioner, vs. Jennifer Sachse, Respondent; and State ex rel. Summer Robinson, Petitioner, vs. Angela Mesmer, Respondent; and State ex rel. Scarlett R. Adams, Petitioner, vs. Angela Mesmer, Respondent. Missouri Supreme Court – SC96159, SC96160, SC96165, and SC96187
While my Bazell win at the trial level is still undecided by the high court, it seems that it too will be overruled.