When a judge wants to give someone a longer prison sentence because they are a repeat or dangerous offender, certain steps must be followed. The court papers must spell out the facts, proof must be shown, and the judge must officially decide the person qualifies as that type of offender before a longer sentence can be given. The person accused has the right to challenge the evidence, and both sides can share information at the sentencing hearing.
558.021. Extended term procedures. — 1. The court shall find the to be a , , , or if:
(1) The or , original or amended, or the all essential facts ing a finding that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender; and
(2) Evidence is introduced that establishes sufficient facts to warrant a finding that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender; and
(3) The court makes that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender.
2. In a jury trial, the facts shall be pleaded, established and found prior to to the jury outside of its , except the facts required by (1) of 4 of section 558.016 may be established and found at a later time, but prior to , and may be established by of prior before the jury.
3. In a trial without a jury or upon a , the court may the and findings of such facts to a later time, but prior to sentencing. The facts required by subdivision (1) of subsection 4 of section 558.016 may be established by judicial notice of prior testimony or the plea of guilty.
4. The defendant shall be accorded full rights of and , with the opportunity to present evidence, at such hearings.
5. The defendant may proof of the facts alleged.
6. Nothing in this section shall prevent the use of presentence investigations or commitments under sections 557.026 and 557.031.
7. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the of sentence.
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Source & history notes
(L. 1977 S.B. 60, A.L. 1981 H.B. 554, A.L. 1996 H.B. 974)
Related Missouri laws
Prior felony convictions, minimum prison terms
RSMo 558.019
Extended terms for prior criminal conduct
RSMo 558.016
Concurrent and consecutive terms of imprisonment
RSMo 558.026
Sentence of imprisonment, terms
RSMo 558.011
Calculation of terms of imprisonment
RSMo 558.031
Revocation of a fine
RSMo 558.008
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.