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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

previous next Effective - 01 Jan 2017, 2 histories, see footnotebottom

  558.016.  Extended terms for prior criminal conduct — definitions — sentencing. — 1.  The court may sentence a person who has been found guilty of an offense to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment authorized by a statute governing the offense if it finds the defendant is a prior offender or a persistent misdemeanor offender.  The court may sentence a person to an extended term of imprisonment if:

  (1)  The defendant is a persistent offender or a dangerous offender, and the person is sentenced under subsection 7 of this section;

  (2)  The statute under which the person was found guilty contains a sentencing enhancement provision that is based on a prior finding of guilt or a finding of prior criminal conduct and the person is sentenced according to the statute; or

  (3)  A more specific sentencing enhancement provision applies that is based on a prior finding of guilt or a finding of prior criminal conduct.

  2.  A "prior offender" is one who has been found guilty of one felony.

  3.  A "persistent offender" is one who has been found guilty of two or more felonies committed at different times.

  4.  A "dangerous offender" is one who:

  (1)  Is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and

  (2)  Has been found guilty of a class A or B felony or a dangerous felony.

  5.  A "persistent misdemeanor offender" is one who has been found guilty of two or more offenses, committed at different times that are classified as A or B misdemeanors under the laws of this state.

  6.  The findings of guilt shall be prior to the date of commission of the present offense.

  7.  The court shall sentence a person, who has been found to be a persistent offender or a dangerous offender, and is found guilty of a class B, C, D, or E felony to the authorized term of imprisonment for the offense that is one class higher than the offense for which the person is found guilty.

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(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1981 H.B. 554, A.L. 1990 H.B. 974, A.L. 2003 S.B. 5, A.L. 2005 H.B. 353, A.L. 2014 S.B. 491)

Effective 1-01-17

(1986) Evidence of prior conviction may include admission of such conviction under direct examination or cross examination, or a memorandum of such conviction from the court division file. State v. Hughes, 713 S.W.2d 11 (Mo.App.E.D.).

(1991) Statute does not contain a time limitation and must be interpreted according to its plain and ordinary meaning, therefore conviction that was more than twenty-five years old could be used in sentencing defendant as persistent offender. State v. Lucas, 809 S.W.2d 54 (Mo.App.E.D.).

(1991)  Where defendant was convicted of intoxication-related traffic offenses in violation of laws of other states, such convictions may be used for enhancement purposes as persistent offender.  Phrase "in violation of state law" bars use of municipal ordinance convictions for enhancement.  State v. Ryan, 813 S.W.2d 898 (Mo.App.S.D.).

(1997) Defendant could not be sentenced as prior and persistent offender where information charged defendant only as prior offender with no evidence to support finding that defendant was persistent offender.  State v. Halk, 955 S.W.2d 216 (Mo.App.E.D.).


---- end of effective   01 Jan 2017 ----

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558.016 1/1/2017
558.016 8/28/2005 1/1/2017

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