Missouri Court of Appeals, Eastern District / Sep 15, 2020
State of Missouri, Respondent, vs. Patrick Jerome Steward, Appellant.
Patrick Jerome Steward appealed his conviction for the class E felony of resisting a lawful stop. The trial court sentenced him as a persistent felony offender to seven years imprisonment. The appellate court affirmed Steward's conviction for resisting a lawful stop but remanded the case for correction of the judgment and resentencing as a class A misdemeanor. The court held that the evidence was insufficient to enhance the offense to a felony because the statute does not permit enhancement for resisting a lawful stop "for a felony offense" and the jury was not required to find that Steward fled in a manner creating a substantial risk of serious physical injury or death.