558.016. Extended terms for recidivism--definitions--persistent misdemeanor offender.
Extended terms for recidivism--definitions--persistent misdemeanoroffender.
558.016. 1. The court may sentence a person who has pleaded guiltyto or has been found guilty of an offense to a term of imprisonment asauthorized by section 558.011 or to a term of imprisonment authorized by astatute governing the offense if it finds the defendant is a prior offenderor a persistent misdemeanor offender, or to an extended term ofimprisonment if it finds the defendant is a persistent offender or adangerous offender.
2. A "prior offender" is one who has pleaded guilty to or has beenfound guilty of one felony.
3. A "persistent offender" is one who has pleaded guilty to or hasbeen 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 heknowingly murdered or endangered or threatened the life of another personor knowingly inflicted or attempted or threatened to inflict seriousphysical injury on another person; and
(2) Has pleaded guilty to or has been found guilty of a class A or Bfelony or a dangerous felony.
5. A "persistent misdemeanor offender" is one who has pleaded guiltyto or has been found guilty of two or more class A or B misdemeanors,committed at different times, which are defined as offenses under chapters195, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, and 576, RSMo.
6. The pleas or findings of guilty shall be prior to the date ofcommission of the present offense.
7. The total authorized maximum terms of imprisonment for apersistent offender or a dangerous offender are:
(1) For a class A felony, any sentence authorized for a class Afelony;
(2) For a class B felony, any sentence authorized for a class Afelony;
(3) For a class C felony, any sentence authorized for a class Bfelony;
(4) For a class D felony, any sentence authorized for a class Cfelony.
(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)(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.).
(2004) Subsection 8 of section applies to offenders sentenced prior to its effective date of June 27, 2003. State ex rel. Nixon v. Russell, 129 S.W.3d 867 (Mo.banc).