The supreme court in Bazell interpreted the old stealing statute strictly and ruled that the felony enhancement was inapplicable making all stealing cases just misdemeanors and not felonies.
My trial level wins involved probation violations. My clients had previously plead guilty to stealing, which at the time everyone thought could be a felony. They were sentenced to prison, but the court suspended executing the sentence and granted probation. Upon a violation of their probation I argued that the trial court could not ship my clients off to prison over what should have been a misdemeanor. The judges agreed and changed the prison sentences to jail sentences.
On appeal, the state argued that the trial court did not have jurisdiction to change the sentences. The defense argued that if a court sentenced someone illegally (to a sentence beyond the maximum range of punishment)then the court kept jurisdiction to correct the sentence.
Our supreme court agreed with the state. If you are illegally sentenced, your remedy is go to prison and file the appropriate paperwork to appeal the trial court. You can not ask the trial court to correct the illegal sentence.
State ex rel. Eric G Zahnd, Platte County Prosecuting Attorney, Relator, vs The Honorable James W. Van Amburg, Respondent, and State ex rel. Eric G Zahnd, Platte County Prosecuting Attorney, Relator, vs The Honorable Thomas C. Fincham, Respondent. Missouri Supreme Court, SC96378 and SC96382.
Win some lose some. Everyone enjoy their Turkey Day tomorrow.