Hawkins v. State

ON MOTION FOR REHEARING OR TRANSFER TO THE SUPREME COURT

Movant has filed a motion for rehearing or transfer to the Missouri Supreme Court contending the above opinion “was contrary” to this district’s opinion in Tate v. State, 846 S.W.2d 236 (Mo.App.1993). We do not agree. There was no question of retroactivity in Tate. As the opinion states, the “state, as respondent, concedes that the trial court ... plainly erred in finding movant to be a ‘persistent offender.’ ” 846 S.W.2d at 237. Here the application, or not, of Stewart was raised. The motion for rehearing or transfer is denied.