558.021. Extended term procedures. - Missouri Statutes

Extended term procedures.

558.021. 1. The court shall find the defendant to be a prioroffender, persistent offender, dangerous offender, persistent sexualoffender or predatory sexual offender if:

(1) The indictment or information, original or amended, or theinformation in lieu of an indictment pleads all essential facts warrantinga finding that the defendant is a prior offender, persistent offender,dangerous offender, persistent sexual offender or predatory sexualoffender; and

(2) Evidence is introduced that establishes sufficient facts pleadedto warrant a finding beyond a reasonable doubt that the defendant is aprior offender, persistent offender, dangerous offender, persistent sexualoffender or predatory sexual offender; and

(3) The court makes findings of fact that warrant a finding beyond areasonable doubt by the court that the defendant is a prior offender,persistent offender, dangerous offender, persistent sexual offender orpredatory sexual offender.

2. In a jury trial, the facts shall be pleaded, established and foundprior to submission to the jury outside of its hearing, except the factsrequired by subdivision (1) of subsection 4 of section 558.016 may beestablished and found at a later time, but prior to sentencing, and may beestablished by judicial notice of prior testimony before the jury.

3. In a trial without a jury or upon a plea of guilty, the court maydefer the proof and findings of such facts to a later time, but prior tosentencing. The facts required by subdivision (1) of subsection 4 ofsection 558.016 may be established by judicial notice of prior testimony orthe plea of guilty.

4. The defendant shall be accorded full rights of confrontation andcross-examination, with the opportunity to present evidence, at suchhearings.

5. The defendant may waive proof of the facts alleged.

6. Nothing in this section shall prevent the use of presentenceinvestigations or commitments under sections 557.026 and 557.031, RSMo.

7. At the sentencing hearing both the state and the defendant shallbe permitted to present additional information bearing on the issue ofsentence.

(L. 1977 S.B. 60, A.L. 1981 H.B. 554, A.L. 1996 H.B. 974)