Section 27.13 Statutory and Constitutional Limitations

• Library: Criminal Practice 2012 Supp

A. (§27.13) Statutory and Constitutional Limitations

A trial court may impose a sentence that is within the statutory limits of the crime the defendant has been convicted of. There are certain exceptions to this, e.g., the court may not exceed a jury’s verdict (discussed in §27.2 above), and it may have to recognize certain plea bargain agreements (discussed in §27.14 below). With these limited exceptions, the court may consider:

· the range of imprisonment listed in § 558.011, RSMo Supp. 2004;

· the range of fines for defendants convicted of a C or D felony in § 560.011, RSMo 2000;

· the range of fines for defendants convicted of misdemeanors or infractions in § 560.016, RSMo 2000; and

· the range of fines for corporations in § 560.021, RSMo 2000.

If a defendant has been found to be a “persistent offender” or a “dangerous offender” as defined in § 558.016, RSMo Supp. 2004, or a “persistent sexual offender” as defined in § 558.018.2, RSMo 2000, the range of punishment may be extended by the trial court.

Other restrictions placed on a trial court in sentencing a defendant
fall under the Eighth Amendment to the United States Constitution and article I, § 21, of the Constitution of Missouri, which deal with “cruel
and unusual punishment.” The appellate courts of Missouri have
held that a punishment falling into the statutorily authorized limit cannot be judged excessive. See State v. Lachterman, 812 S.W.2d 759 (Mo. App. E.D. 1991). But see State v. Hall, 56 S.W.3d 475, 481 (Mo. App. W.D. 2001) (quoting State v. Lee, 841 S.W.2d 648 (Mo. banc 1992)), stating that it is ‘“clear that comparison to sentences given to other defendants for the same or a similar crime is irrelevant except when the court finds the sentence in question grossly disproportionate.’” It appears, based on this language in Hall and Lee, that the courts will not find a sentence to be in violation of the “cruel and unusual punishment” provision of the Eighth Amendment to the United States Constitution or article I, § 21, of the Constitution of Missouri if the sentence falls into the statutorily authorized range of punishment unless the sentence is grossly disproportionate to the crime committed.

Further, under § 558.019.6, RSMo Supp. 2004, the Sentencing Advisory Commission was created to establish a guideline or system of recommended sentences for felony offenses that must fall within the statutory minimum and maximum sentences provided by law. In 1998, the Sentencing Advisory Commission...