State ex rel. Hawley v. Thomson
State ex rel. Hawley v. Thomson
Opinion of the Court
Habeas Petitioner Christopher Comstock was convicted prior to January 1, 2017 of the class C felony of stealing and was sentenced accordingly. Under the version of § 570.030, RSMo applicable at the time of Habeas Petititioner's conviction, stealing was generally classified as a class A misdemeanor. However, Habeas Petitioner's stealing offense was enhanced to a class C felony, because his offense involved property valued at more than $500, which was understood to subject the offense to enhancement under § 570.030.3(1), RSMo.
In State v. Bazell ,
Following the Bazell decision, Habeas Petitioner filed a petition for writ of habeas corpus, arguing that his stealing offense had been unlawfully enhanced to a felony, and that his conviction, sentence, and continued incarceration were accordingly illegal. The circuit court granted relief to the Habeas Petitioner, vacating Petitioner's felony conviction and sentence.
The State thereafter filed a petition for writ of certiorari in this Court on June 5, 2017, seeking our review of the circuit court's decision. We issued a preliminary writ of certiorari on June 6, 2017 and then stayed further proceedings pending the Missouri Supreme Court's decision in similar cases involving the availability of habeas relief under Bazell .
A writ of certiorari is "available to correct [habeas] judgments that are in excess or an abuse of jurisdiction, and that are not otherwise reviewable by appeal." State ex rel. Nixon v. Sprick ,
Here, after the circuit court granted relief to Habeas Petitioner, the Missouri Supreme Court held that "the Bazell holding only applies forward, except those cases pending on direct appeal." State ex rel. Windeknecht v. Mesmer ,
In light of the Missouri Supreme Court's decision in Windeknecht , we dissolve the stay of proceedings previously entered. Under Windeknecht , Habeas Petitioner is not entitled to habeas relief based on the Bazell decision, and the circuit court abused its discretion in granting such relief. We accordingly quash the writ of habeas corpus issued by the circuit court.
All concur.
Reference
- Full Case Name
- STATE of Missouri EX REL. Joshua D. HAWLEY, Relator v. The Honorable Doug THOMSON, Associate Circuit Judge of Nodaway County, and Elaine Wilson, Circuit Clerk Nodaway County Circuit Court
- Cited By
- 1 case
- Status
- Published