Section 27.8 Allocution

• Library: Criminal Practice 2012 Supp

B. (§27.8) Allocution

When the criminal defendant appears before the court for judgment and sentence, the court must inform the defendant of the verdict or finding and ask the defendant if there is any reason or legal cause known to the defendant why the judgment and sentence should not be pronounced. Section 546.570, RSMo 2000; Rule 29.07(b)(1). This is allocution. Thereafter if the court finds no just cause why the judgment and sentence should not be pronounced, the court must render the defendant’s judgment and sentence.

Allocution allows the defendant to state to the court any infirmities in the sentencing procedure; if the defendant fails to do so, it is not preserved for appellate review. See Roll v. Bowersox, 16 F. Supp. 2d 1066 (W.D. Mo. 1998); State v. Athanasiades, 857 S.W.2d 337 (Mo. App. E.D. 1993). This does not mean that the evidence may be reargued at this point. Athanasiades, 857 S.W.2d 337.

The allocution procedure is to be considered directory if the defendant has been heard on a motion for...