Missouri Court of Appeals, Southern District / Oct 24, 2018
TIFFANY DAWN HARRIS, Movant-Appellant, v. STATE OF MISSOURI, Respondent-Respondent.
Tiffany Harris pled guilty to felony stealing and received a five-year sentence before the Missouri Supreme Court decided State v. Bazell, which held that stealing could not be enhanced to a felony. Harris sought post-conviction relief, arguing her sentence exceeded the maximum allowed by law based on Bazell. The motion court denied relief, finding Bazell was not retroactive. The appellate court affirmed, holding that Bazell's ruling applies only prospectively, except for cases pending on direct appeal, and Harris's case was not pending on direct appeal when Bazell was decided.