(Download) "State Ex Rel. Jeffery Osowski v. James" by Supreme Court of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Jeffery Osowski v. James
- Author : Supreme Court of Missouri
- Release Date : January 02, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
en banc ORIGINAL PROCEEDING IN PER CURIAM On May 21, 1987, Jeffery Osowski pled guilty to the crime of attempted sodomy in violation of § 564.011.1, RSMo. 1 Because § 566.060(4) makes the crime of sodomy a class B felony, attempted sodomy is thus a class C felony under § 564.011.3(2). Osowski was sentenced to fifteen years in prison. However, for a class C felony, the authorized term of imprisonment cannot exceed seven years. § 558.011.1(3). The body of the information charging Osowski erroneously stated that attempted sodomy was a class B felony. Pursuant to a plea agreement, Osowski pled guilty to attempted sodomy. Relying on the error in the information, the trial Judge sentenced Osowski to fifteen years, the maximum sentence for a class B felony under § 558.011.1(2). The record shows on its face that the trial court only had authority to sentence Osowski to a term of imprisonment of seven years. Giving credit for all jail time, Osowski has now served seven years imprisonment. He seeks relief by petition for writ of habeas corpus.
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