Section 9 Extended Terms for Repeat and Dangerous Offenders

• Library: Criminal Code Revision History & Overview 2014

Under the Revised Code, the court may still sentence a person to an extended term of imprisonment if:

(1) The defendant is a persistent offender or a dangerous offender, and the person is sentenced under subsection 7 of this section;

(2) The statute under which the person was found guilty contains a sentencing enhancement provision that is based on a prior finding of guilt or a finding of prior criminal conduct, and the person is sentenced according to the statute; or

(3) A more specific sentencing enhancement provision applies that is based on a prior finding of guilt or a finding of prior criminal conduct.

Section 558.016.1 (Revised Code, emphasis added).

The following categories reflect the categories present in the Pre-Revised Code:

2. A “prior offender” is one who has pleaded guilty to or has been found guilty of one felony.

3. A “persistent offender” is one who has pleaded guilty to or has been found guilty of two or more felonies committed at different times.

4. A “dangerous offender” is one who:

(1) Is 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...