State v. Johnson
Annotate this CaseThe Supreme Court affirmed the sentences imposed upon Defendant after the circuit court convicted him of thirteen counts stemming from the sexual abuse of his two step-daughters and his biological daughter. At sentencing, the State requested that the circuit court find Defendant to be a predatory sexual offender. The circuit court found Defendant was be a predatory sexual offender and sentenced him to eight concurrent terms of life imprisonment with the possibility of parole for each of his five first-degree statutory sodomy convictions and three first-degree statutory rape convictions. Defendant appealed his sentences, arguing that the circuit court improperly sentenced him as a predatory sexual offender. The Supreme Court held (1) because the circuit court did not find Defendant to be a predatory sexual offender until his sentencing, after the case had been submitted to the jury, the court failed to comply with the timing requirement of Mo. Rev. Stat. 558.021.2; but (2) the circuit court’s timing error did not result in manifest injustice or a miscarriage of justice.
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