558.026. Concurrent and consecutive terms of imprisonment. - Missouri Statutes

Concurrent and consecutive terms of imprisonment.

558.026. 1. Multiple sentences of imprisonment shall runconcurrently unless the court specifies that they shall run consecutively;except that, in the case of multiple sentences of imprisonment imposed forthe felony of rape, forcible rape, sodomy, forcible sodomy or an attempt tocommit any of the aforesaid and for other offenses committed during or atthe same time as that rape, forcible rape, sodomy, forcible sodomy or anattempt to commit any of the aforesaid, the sentences of imprisonmentimposed for the other offenses may run concurrently, but the sentence ofimprisonment imposed for the felony of rape, forcible rape, sodomy,forcible sodomy or an attempt to commit any of the aforesaid shall runconsecutively to the other sentences.

2. If a person who is on probation, parole or conditional release issentenced to a term of imprisonment for an offense committed after thegranting of probation or parole or after the start of his conditionalrelease term, the court shall direct the manner in which the sentence orsentences imposed by the court shall run with respect to any resultingprobation, parole or conditional release revocation term or terms. If thesubsequent sentence to imprisonment is in another jurisdiction, the courtshall specify how any resulting probation, parole or conditional releaserevocation term or terms shall run with respect to the foreign sentence ofimprisonment.

3. A court may cause any sentence it imposes to run concurrently witha sentence an individual is serving or is to serve in another state or in afederal correctional center. If the Missouri sentence is served in anotherstate or in a federal correctional center, subsection 4 of section 558.011and section 217.690, RSMo, shall apply as if the individual were servinghis sentence within the department of corrections of the state of Missouri,except that a personal hearing before the board of probation and paroleshall not be required for parole consideration.

(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1982 H.B. 1196, A.L. 1983 H.B. 713 Revision, A.L. 1995 H.B. 424)

(1985) Court construed this section to mandate consecutive sentences for rape and sodomy committed by defendant at the same time. Adams v. State (Mo.App.), 688 S.W.2d 401.

(1991) Although statute requires consecutive sentences any time a sex crime is committed at the same time as any other felony, even if the additional felony is also a sex crime, the sentencing court has discretion to run sentences concurrently, when a defendant's convictions consist only of sex offenses. State v. Harger, 804 S.W.2d 35 (Mo.App.).