558.021. Extended term procedures. — 1. The court shall find the defendant to be a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender if:
(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender; and
(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender; and
(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender.
2. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of its hearing, except the facts required by subdivision (1) of subsection 4 of section 558.016 may be established and found at a later time, but prior to sentencing, and may be established by judicial notice of prior testimony before the jury.
3. In a trial without a jury or upon a plea of guilty, the court may defer the proof and findings of such facts to a later time, but prior to sentencing. The facts required by subdivision (1) of subsection 4 of section 558.016 may be established by judicial notice of prior testimony or the plea of guilty.
4. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.
5. The defendant may waive proof of the facts alleged.
6. Nothing in this section shall prevent the use of presentence investigations or commitments under sections 557.026 and 557.031.
7. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.
Notes of Decisions
Cited in
173
cases (
10 in the last 5 years), 1980–2025 · leading case:
State v. Berry, 609 S.W.2d 948 (Mo. 1980).
State v. Berry, 609 S.W.2d 948 (Mo. 1980).
· cites it 18× “016, RSMo 1978, sans the hearing mandated by § 558.021, RSMo 1978. On February 2, 1979, at 6:45 p.”
State v. McGee, 284 S.W.3d 690 (Mo. Ct. App. 2009).
· cites it 12× “ting a police officer, (9) finding Defendant to be a prior offender because the State presented insufficient evidence to prove Defendant’s prior felony, (10) finding Defendant to be a persistent offender because the State presented insufficient evidence to prove Defendant’s two…”
State v. Johnson, 524 S.W.3d 505 (Mo. 2017).
· cites it 5× “5(3), in conjunction with § 558.021, is unconstitutional because it “allow[s] for the trial court to find in a jury trial that the defendant actually committed the crimes with which he has been charged before the case is submitted to the jury” and thus “force[s] the trial court…”
State v. Teer, 275 S.W.3d 258 (Mo. 2009).
· cites it 8× “2, not Rule 23.08. The state also argues that even if the statute was violated, Teer cannot establish prejudice because he is, in fact, a prior offender and is not entitled to jury sentencing.”
Scharnhorst v. State, 775 S.W.2d 241 (Mo. Ct. App. 1989).
· cites it 16× “26 motion that the absence of a finding of persistent offender and of the facts upon which that determination rests not only violates § 558.021, but also nullifies the extended term of 15 years because only the 7 year term imposable for receiving stolen property was proven.”
State v. Cullen, 39 S.W.3d 899 (Mo. Ct. App. 2001).
· cites it 8× “016 which, in conjunction with the extended term procedures of § 558.021, either provide for enhanced sentencing in certain cases or, as in the case of someone found to be a prior felony offender, do not provide for enhanced sentencing but nevertheless allow sentencing to be…”
State v. Heidbrink, 546 S.W.3d 597 (Mo. Ct. App. 2018).
· cites it 10× “016 2 and enhancing his punishment from a class C felony to a class B felony because those actions violated Appellant's rights under Section 558.021, 3 in that Appellant was sentenced in excess of the maximum sentence authorized by law because the State failed to plead and prove…”
State v. Green, 812 S.W.2d 779 (Mo. Ct. App. 1991).
· cites it 8× “Findings of Fact Concerning Appellant As a "Prior Offender" Finally, appellant argues that "[t]he Court's findings were insufficient under Section 558.021 and Scharnhorst v. State, 775 S.”
State v. Feeler, 634 S.W.2d 484 (Mo. Ct. App. 1982).
· cites it 12× “016, RSMo 1978, and following a "sentencing hearing", § 558.021, RSMo 1978, the trial judge sentenced him to seven years imprisonment.”
State v. Severe, 307 S.W.3d 640 (Mo. 2010).
· cites it 4× “Section 558.021 provides for sentence enhancement for those who are prior or persistent offenders of other offenses.”
State v. Drudge, 296 S.W.3d 37 (Mo. Ct. App. 2009).
· cites it 6× “074, RSMo 2000, for which the trial court sentenced him, as a prior offender pursuant to Section 558.021, RSMo 2000, to twenty years’ imprisonment in the Missouri Department of Corrections on the forcible sodomy count and a consecutive one-year term in the City of St.”
— Mo. Rev. Stat. § 558.021(1) — 3 cases
— Mo. Rev. Stat. § 558.021(1)(2) — 1 case
— Mo. Rev. Stat. § 558.021(1)(3) — 1 case
— Mo. Rev. Stat. § 558.021(1)(8) — 1 case
— Mo. Rev. Stat. § 558.021(3) — 3 cases
State v. Feeler, 634 S.W.2d 484 (Mo. Ct. App. 1982).
“016, RSMo 1978, and following a "sentencing hearing", § 558.021, RSMo 1978, the trial judge sentenced him to seven years imprisonment.”
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