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Home / Practice Areas / Criminal Law / Criminal Law: Sentencing – Prior Offender – Prejudice

Criminal Law: Sentencing – Prior Offender – Prejudice

Where a criminal defendant's status as a prior offender was not pleaded and proven until after the case was submitted to the jury, the procedure violated Section 558.021.2 and the defendant was prejudiced because he was sentenced by the court to 20 years, rather than the four years determined by the jury. Judgment is reversed and ...