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Missouri Revised Statutes

Mo. Rev. Stat. § 546.570 (2026)

Hearing before sentence

✓ current as of May 2026
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  546.570.  Hearing before sentence. — When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, and asked whether he has any legal cause to show why judgment should not be pronounced against him; and if no such sufficient cause be shown against it, the court must render the proper judgment.

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(RSMo 1939 § 4102)

Prior revisions: 1929 § 3713; 1919 § 4057; 1909 § 5263

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1955–2022 · leading case: State v. Johnson, 245 S.W.3d 288 (Mo. Ct. App. 2008).
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State v. Johnson, 245 S.W.3d 288 (Mo. Ct. App. 2008). · cites it 8× “See also § 546.570, RSMo 2000. “Allocution is granted so that the defendant has an opportunity to raise any infirmities in the sentencing procedure.”
State v. Baldwin, 571 S.W.2d 236 (Mo. 1978). · cites it 4× “If he does not file such a motion within the time allowed by the applicable rule, the right to file such motion is lost. The record need not show express waiver of the right to file such a motion.”
McGautha v. California, 402 U.S. 183 (1971). · cites it 2× “§ 62-1510 (1964); Mo. Rev. Stat. §§ 546.570 , 546.580 (1953); N.”
Duckett v. State, 919 P.2d 7 (Okla. Crim. App. 1995). · cites it 2× “1981, § 970, which states: When the defendant appears for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the indictment or information, and his plea and the verdict, if any thereon, and must be asked whether he has any legal…”
State v. Burkemper, 882 S.W.2d 193 (Mo. Ct. App. 1994). · cites it 2× “A defendant’s right to allocution is codified in § 546.570. The procedures pertaining to a defendant’s right to allocution are set forth in Rule 29.”
State v. Kitchin, 300 S.W.2d 420 (Mo. 1957). · cites it 2× “Thereafter, little remained but formalities, for allocution, § 546.570, RSMo 1949, V.A.M.S., is not required upon a plea of guilty.”
State v. McClanahan, 418 S.W.2d 71 (Mo. 1967). · cites it 2× “The brief of defendant does not raise, as such, the right to a withdrawal of the pleas of guilty, and there is no basis whatever in this record for permitting any such action.”
State v. Bizzle, 500 S.W.2d 259 (Mo. Ct. App. 1973). · cites it 2× “Indeed, at allocution and pursuant to his statutory duty as stated in § 546.570, RSMo 1969, V.A.M.S., the trial judge asked both the defendant and his counsel if either of them knew of any legal reason or cause to show why judgment should not be pronounced against the defendant.”
State v. Ninemires, 306 S.W.2d 527 (Mo. 1957). “- One is that the defendant was not granted allocution, §§ 546.570 and 546.580. The other is that the names of the witnesses were not endorsed on the information, § 545.”
State v. Grant, 380 S.W.2d 799 (Mo. 1964). “09 and § 546.570), and, if no legal cause be shown, pronounce sentence in accordance with the verdict of the jury and the punishment determined and assessed by the court and render final judgment in the cause; and for such other and further proceedings as may be necessary and…”
State v. Chase, 415 S.W.2d 731 (Mo. 1967). “; § 546.570, V.A.M.S. If no legal cause is shown why the court should not pronounce sentence against him the court should sentence defendant in accordance with the verdict and the punishment assessed by the jury and should render final judgment in the cause.”
State v. Garrett, 282 S.W.2d 441 (Mo. 1955). “The same is true of the statute with respect to allocution, § 546.570, the subject matter of which is now covered by Rule 27.”
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