Section 26.45 Time for Filing

• Library: Criminal Practice 2012 Supp

D. (§26.45) Time for Filing

When the jury assesses the sentence by advisory verdict, a defendant’s motion to reduce sentence should be included in the motion for new trial. State v. Rule, 543 S.W.2d 325, 326 (Mo. App. W.D. 1976); State v. Watson, 400 S.W.2d 129, 132 (Mo. 1966) (conducting “plain error” review). If, however, the issue of punishment is not submitted to the jury or if the trial court imposes a lesser punishment than that assessed by the jury, the defendant should raise the issue of an...