195.275. Prior and persistent drug offenders, definitions, proof and pleadings, sentencing. - Missouri Statutes

Prior and persistent drug offenders, definitions, proof and pleadings,sentencing.

195.275. 1. The following words or phrases as used insections 195.005 to 195.425 have the following meanings, unlessthe context otherwise requires:

(1) "Prior drug offender", one who has previously pleadedguilty to or has been found guilty of any felony offense of thelaws of this state, or of the United States, or any other state,territory or district relating to controlled substances;

(2) "Persistent drug offender", one who has previouslypleaded guilty to or has been found guilty of two or more felonyoffenses of the laws of this state or of the United States, orany other state, territory or district relating to controlledsubstances.

2. Prior pleas of guilty and prior findings of guilty shallbe pleaded and proven in the same manner as required by section558.021, RSMo.

3. The court shall not instruct the jury as to the range ofpunishment or allow the jury, upon a finding of guilty, to assessand declare the punishment as part of its verdict in cases ofprior drug offenders or persistent drug offenders.

4. The provisions of sections 195.285 to 195.296 shall notbe construed to affect and may be used in addition to thesentencing provisions of sections 558.016 and 558.019, RSMo.

(L. 1989 S.B. 215 & 58)