section 558.019 minimum prison term (Missouri) · Go Syfert
← Missouri issues

section 558.019 minimum prison term in Missouri

7 Missouri opinions name it 1 courts 1992–2024 1 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Johnson v. Stategreen
mo · 1997 · cited in 1 Missouri opinions naming this issue, 2011–2011
1 sentence

2011Persistent Offender Status “Once [a] defendant is found to be a persistent offender, the enhancement provision is automatic.” Johnson v. State, 938 S.W.2d 264, 266 (Mo. banc 1997).

11
State v. Wolfgreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997The statute by its own terms does not apply to all offenses — only those “defined outside the code.” State v. Wolf, 930 S.W.2d 484, 485 (Mo.App.1996).

11
State v. Flenoidgreen
moctapp · 1992 · cited in 1 Missouri opinions naming this issue, 1993–1993
1 sentence

1993State v. Flenoid, 838 S.W.2d 462, 466 (Mo.App.E.D.1992).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Johnson v. Missouri Department of Corrections green
moctapp · 2005
2 sentences

2024But, as we recognized in Talley, the general minimum prison term provisions of section 558.019 cannot be applied to an armed criminal action sentence regardless “whether such application results in an increase or decrease of the minimum time served.” Talley, 210 S.W.3d at 215–16 (citing Johnson, 166 S.W.3d at 17 112–13).

2006Id. at 112-13 .

22006–2024
Talley v. Missouri Department of Corrections green
moctapp · 2006
2 sentences

2024But, as we recognized in Talley, the general minimum prison term provisions of section 558.019 cannot be applied to an armed criminal action sentence regardless “whether such application results in an increase or decrease of the minimum time served.” Talley, 210 S.W.3d at 215–16 (citing Johnson, 166 S.W.3d at 17 112–13).

2024Id. at 215–16.

12024–2024
State v. Shain neutral
moctapp · 1993
1 sentence

1997In State v. Davis, supra, the court dealt with a rape statute very similar to the sodomy statute involved here.

11997–1997
State v. Thompson green
moctapp · 1981
1 sentence

1992Citing Thompson, 629 S.W.2d 361 , the movant argues that on January 26, 1990, the date he was sentenced, the guilty plea court failed to make the findings of fact required by § 558.021.1(3) and, therefore, “there was no valid adjudication of extended terms under Section 558.016 [and] minimum prison term provisions under Section 558.019_” Absent such valid adjudication, “all [the movant] should be legally serving at this time is two seven year sentences, running concurrent....” 6 The version of § 558.021.1(3) applicable in Thompson was enacted in 1977 and effective January 1, 1979.

11992–1992

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 558.019 (7) MO § Mo. Rev. Stat. § 558.016 (4) MO § Mo. Rev. Stat. § 556.061 (3) MO § Mo. Rev. Stat. § 571.015 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check