Heather Hamilton Missouri Cases

Heather Hamilton appealed the circuit court's denial of her Rule 24.035 motion for postconviction relief, challenging her class C felony stealing sentences. Hamilton argued that her sentences were unauthorized because, under State v. Bazell, stealing under section 570.030 is a class A misdemeanor and cannot be enhanced to a felony. The Supreme Court of Missouri agreed, holding that Bazell applies to all cases not yet final when it was decided, including Hamilton's, where a suspended imposition of sentence meant no final judgment had been entered. The Court reversed the judgment and remanded the case for resentencing as class A misdemeanors.

Heather Hamilton appealed the denial of her Rule 24.035 post-conviction relief motion, arguing her sentences for felony stealing exceeded the maximum authorized by law under State v. Bazell. Hamilton contended that because her sentencing occurred after Bazell was decided, the reclassification of stealing offenses should apply to her case. The Eastern District affirmed the motion court's judgment, holding that Bazell claims cannot be successfully raised in a Rule 24.035 motion following a guilty plea, even if sentencing post-dates Bazell, because Hamilton knowingly and voluntarily pleaded guilty under the prior statutory interpretation.