Section 27.20 Extended Term for Persistent or Dangerous Offenders

• Library: Criminal Practice 2012 Supp

C. (§27.20) Extended Term for Persistent or Dangerous Offenders

Section 558.016, RSMo Supp. 2004, authorizes the court to sentence a defendant to an extended term of imprisonment if it finds the defendant guilty of being a persistent offender or a dangerous offender.

· A “prior offender” is defined as a person “who has pleaded guilty to or has been found guilty of one felony.” Section 558.016.2.

· A “persistent offender” is defined as a person “who has pleaded guilty to or has been found guilty of two or more felonies committed at different times.” Section 558.016.3.

· A “dangerous offender” is one who “[i]s being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person” and “has pleaded guilty to or has been found guilty of a class A or B felony or a dangerous felony.” Section 558.016.4.

· A “persistent misdemeanor offender” is a person “who has pleaded guilty to or has been found guilty of two or more class A or B misdemeanors . . . committed at different times, which are defined as offenses [in the] chapters [set forth].” Section 558.016.5.

All of the prior pleas or findings of guilty must be made before the commission of the present offense. Section 558.016.6.

Upon the finding that a defendant is a persistent offender or a dangerous offender, the court may, after following § 558.021, RSMo 2000, sentence the defendant to an extended term of imprisonment. The total authorized maximum terms of imprisonment are set forth in § 558.016.7 and are as follows:

(1) For a class A felony, any sentence authorized for a class A felony;

(2) For a class B felony, any sentence authorized for a class A felony;

(3) For a class C felony, any sentence authorized for a class B felony;

(4) For a class D felony, any sentence authorized for a class C felony.

A defendant who is convicted of a non-violent class C or class D felony with no prior prison commitment may be eligible for probation, parole, or other court-approved alternative sentence after serving 120 days of the sentence. This does exclude any defendant that has received a placement under § 559.115, RSMo Supp. 2004. See § 558.016.8.

Note: House Bill 353, 93^rd Gen. Assembly, 1^st Reg. Sess. (Mo. 2005) (passed and awaiting signature of the Governor at the time of publication of this deskbook) deletes subsection 8 of § 558.016.

As stated above...