558.016. Extended terms for prior criminal conduct — definitions — sentencing. — 1. The court may sentence a person who has been found guilty of an offense to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment authorized by a statute governing the offense if it finds the defendant is a prior offender or a persistent misdemeanor offender. The court may 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.
2. A "prior offender" is one who has been found guilty of one felony.
3. A "persistent offender" is one who has been found guilty of two or more felonies committed at different times, or one who has been previously found guilty of a dangerous felony as defined in subdivision (19) of section 556.061.
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 person; and
(2) Has been found guilty of a class A or B felony or a dangerous felony.
5. A "persistent misdemeanor offender" is one who has been found guilty of two or more offenses, committed at different times that are classified as A or B misdemeanors under the laws of this state.
6. The findings of guilt shall be prior to the date of commission of the present offense.
7. The court shall sentence a person, who has been found to be a persistent offender or a dangerous offender, and is found guilty of a class B, C, D, or E felony to the authorized term of imprisonment for the offense that is one class higher than the offense for which the person is found guilty.
Notes of Decisions
Cited in
942
cases (
39 in the last 5 years), 1979–2025 · leading case:
State v. Berry, 609 S.W.2d 948 (Mo. 1980).
State v. Berry, 609 S.W.2d 948 (Mo. 1980).
· cites it 48× “Determining that defendant was a dangerous offender under § 558.016, RSMo 1978, the trial court ordered sentences of consecutive terms of 30 years for the rape and 25 for the kidnapping.”
State v. Grubb, 120 S.W.3d 737 (Mo. 2003).
· cites it 38× “2, which defines the term "felony" as a "crime" and section 556.016.1 that refers to "crime" as "an offense defined by this code or by any other statute of this state .”
State of Missouri v. Richard John Whipple, 501 S.W.3d 507 (Mo. Ct. App. 2016).
· cites it 17× “Defendant specifically maintains section 558.016 RSMo Supp. 2006, 12 Missouri’s prior offender statute, is unconstitutional because it allows an individual to be sentenced as a prior offender based on a previous finding of guilt and suspended imposition of sentence (“SIS”).”
State v. Taylor, 373 S.W.3d 513 (Mo. Ct. App. 2012).
· cites it 20× “” Mo.Rev.Stat. § 558.016. Section 558.016 defines a "prior offender” as: "one who has pleaded guilty to or has been found guilty of one felony.”
State v. Lewis, 633 S.W.2d 110 (Mo. Ct. App. 1982).
· cites it 28× “The defendant was charged as a dangerous felon [under § 558.016] in each count. The jury returned sentences of ten years for robbery, five years for stealing and ten years for burglary.”
State v. Green, 812 S.W.2d 779 (Mo. Ct. App. 1991).
· cites it 17× “On the day of trial the court allowed the state to amend the information to allege that appellant should be sentenced as a prior offender under Mo.Rev.Stat. § 558.016 (1986), based on a previous guilty plea in Illinois for the felony of forgery.”
State v. Dowdy, 774 S.W.2d 504 (Mo. Ct. App. 1989).
· cites it 32× “as defined in section 558.016, RSMo: (1) If he has been found guilty of a class B, C, or D felony, the court shall proceed as provided in section 558.”
State v. Johnson, 150 S.W.3d 132 (Mo. Ct. App. 2004).
· cites it 10× “911 — 3012 3 ; and 2) abused its discretion by sentencing Defendant as a persistent offender to a term beyond the maximum enhanced sentence available under Section 558.016 at the time of the sentencing hearing.”
State v. Rellihan, 662 S.W.2d 535 (Mo. Ct. App. 1983).
· cites it 14× “The jury returned its verdict of guilty, but assessed no punishment, because the trial court previously had determined that appellant was a prior offender within the meaning of § 558.016, § 558.018, and § 558.021, RSMo 1978.”
State of Missouri v. Timothy Libertus, 496 S.W.3d 623 (Mo. Ct. App. 2016).
· cites it 12× “At a pre-trial hearing, the circuit court found that Liber-tas is a prior offender, as defined by section 558.016. The cause was tried before a jury in November 2014, and the jury found Liber-tas guilty as charged.”
State v. Jones, 296 S.W.3d 506 (Mo. Ct. App. 2009).
· cites it 8× “04 and were not supported by the evidence, and (3) plainly erred in removing the issue of punishment from the jury and sentencing Defendant as a prior felony offender under Section 558.016. We affirm as modified. The following evidence was adduced at trial.”
State v. Reese, 625 S.W.2d 130 (Mo. 1981).
· cites it 14× “Finally, appellant presents several challenges to the trial court’s imposition of an extended term of imprisonment under § 558.016, RSMo 1978, which provided: “1.”
— Mo. Rev. Stat. § 558.016(2) — 8 cases
— Mo. Rev. Stat. § 558.016(3) — 3 cases
State v. Reese, 625 S.W.2d 130 (Mo. 1981).
“Finally, appellant presents several challenges to the trial court’s imposition of an extended term of imprisonment under § 558.016, RSMo 1978, which provided: “1.”
— Mo. Rev. Stat. § 558.016(4) — 1 case
— Mo. Rev. Stat. § 558.016(6)(2) — 1 case
— Mo. Rev. Stat. § 558.016(7) — 2 cases
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