538 S.W.3d 333
Mo. Ct. App.2018Background
- Christopher Comstock was convicted (pre-2017) of stealing; his offense was enhanced from a class A misdemeanor to a class C felony based on property value under § 570.030.3(1), RSMo, and he was sentenced as a felon.
- The Missouri Supreme Court in State v. Bazell held the pre-2017 § 570.030.3 enhancements could not convert stealing from a misdemeanor to a felony.
- In State v. Smith the Court reaffirmed that § 570.030.3(1) could not enhance stealing to a class C felony based on property value.
- After Bazell, Comstock filed a habeas petition arguing his felony conviction and sentence were unlawful; the circuit court granted relief and vacated his felony conviction and sentence.
- The State sought certiorari from the appellate court; the court stayed proceedings pending Missouri Supreme Court guidance on habeas relief post-Bazell.
- The Missouri Supreme Court in State ex rel. Windeknecht v. Mesmer held Bazell applies prospectively only (not to finalized sentences), denying retroactive habeas relief for those who received sentences under the prior interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Comstock was entitled to habeas relief to vacate felony enhancement based on Bazell | Bazell invalidates the statutory enhancement; Comstock's felony sentence is unlawful and should be vacated | Windeknecht limits Bazell to prospective effect; those sentenced under prior interpretation are not entitled to retroactive habeas relief | Court held habeas relief was not available under Windeknecht; circuit court abused its discretion and writ was quashed |
Key Cases Cited
- State v. Bazell, 497 S.W.3d 263 (Mo. banc 2016) (pre-2017 § 570.030.3 cannot enhance stealing to felony)
- State v. Smith, 522 S.W.3d 221 (Mo. banc 2017) (reaffirming Bazell that property-value enhancement under § 570.030.3(1) is inapplicable)
- State ex rel. Windeknecht v. Mesmer, 530 S.W.3d 500 (Mo. banc 2017) (Bazell applies only prospectively; no retroactive habeas relief for finalized sentences)
- State ex rel. Nixon v. Sprick, 59 S.W.3d 515 (Mo. banc 2001) (certiorari corrects habeas judgments that are excess or an abuse of jurisdiction)
- State ex rel. Koster v. Jackson, 301 S.W.3d 586 (Mo. App. W.D. 2010) (standard for reviewing whether a habeas court exceeded authority or abused discretion)