Missouri Court of Appeals, Southern District / Dec 21, 2018
CHRISTOPHER P. AMSDEN, Movent-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Christopher Amsden, who pled guilty to felony stealing, sought post-conviction relief after the Missouri Supreme Court's decision in State v. Bazell held that the stealing statute did not permit felony enhancement. The motion court initially granted relief but later, after the Supreme Court clarified Bazell's retroactivity in State ex rel. Windeknecht v. Mesmer, denied Amsden's motion. The appellate court affirmed, holding that the motion court properly exercised its authority to reconsider its initial ruling and that Bazell did not apply retroactively to Amsden's post-conviction case.