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...