Adams v. State, 48877
| Decision Date | 26 March 1985 |
| Docket Number | No. 48877,48877 |
| Citation | 688 S.W.2d 401 |
| Parties | Keith Lamarr ADAMS, Plaintiff-Appellant, v. STATE of Missouri, Defendant-Respondent. |
| Court | Missouri Court of Appeals |
Joseph V. Neill, St. Louis, for plaintiff-appellant.
John Munson Morris, Asst. Atty. Gen., Jefferson City, for defendant-respondent.
This is a post conviction relief proceeding under Supreme Court Rule 27.26. Appellant pled guilty to forcible rape and sodomy. The court imposed consecutive sentences of ten years on the rape charge and eight years for the sodomy. In this proceeding the parties stipulated that the sentencing judge indicated he would have made the sentences concurrent except for his interpretation of § 558.026.1 RSMo Cum.Supp.1984. The sentencing judge concluded that this section mandated consecutive sentences for rape and sodomy committed at the same time. The trial court in this proceeding denied appellant's motion to vacate judgment and sentence. We affirm.
Appellant's sole point on appeal questions whether § 558.026.1 RSMo Cum.Supp.1984 mandates consecutive sentences for the offenses of rape and sodomy or whether the sentencing court has discretion to impose concurrent sentences for two sexual offenses.
Although appellant does not expressly claim the imposition of consecutive sentences is a violation of his constitutional rights where the sentences were within the authorized range of punishment we infer such and review on the merits. See State v. Baker, 524 S.W.2d 122 (Mo. banc 1975); and Webb v. State, 621 S.W.2d 113 (Mo.App.1981).
At the time of the denial of relief by the trial court and during the briefing period for this appeal the question presented had not been previously decided by an appellate court of this state. This issue was presented to this court in State v. Toney, 680 S.W.2d 268 (Mo.App.1984) together with other issues on a direct appeal from consecutive life sentences on convictions for forcible rape and sodomy.
In the Toney case defendant argued that this section mandated consecutive sentences only where the defendant was charged with a sex crime and one or more non-sexual offenses. We rejected this argument and held that § 558.026.1 RSMo Cum.Supp.1984
is not so limited in scope and requires consecutive sentences for the sexual offense where the defendant is convicted of a sex crime and one or more offenses which occurred at the same time as, or during, the sexual offense, regardless of whether the other offense or offenses were also sex crimes.
The phrase 'for other offenses' is nowhere expressly defined and its plain meaning in the context of the statute is any offense other than the particular sexual offense which is referred to in the statute. Thus, even if the other offense is another sexual offense, the sentences must be served consecutively. (emphasis added)
Under this section, the sentencing court must impose consecutive sentences when a defendant is charged with a sex crime and a non-sex crime. When a defendant is charged with a sex crime and two or more non-sex crimes the sentencing court may make the non-sex crime...
To continue reading
Request your trial
-
State v. Koonce
...aforesaid shall run consecutively to the other sentences." This section has been construed in several recent decisions. In Adams v. State, 688 S.W.2d 401 (Mo.App.1985), appellant pleaded guilty to forcible rape and sodomy and the court imposed consecutive sentences of ten and eight years to......
-
State v. Hamilton
...crimes committed at the same time must carry consecutive sentences. State v. Toney, 680 S.W.2d 268, 273 (Mo.App.1984); Adams v. State, 688 S.W.2d 401, 402 (Mo.App.1985); State v. Blockton, 703 S.W.2d 500, 507 (Mo.App.1985); State v. Shaw, 701 S.W.2d 514, 517-18 (Mo.App.1985). The court ques......
-
State v. W.---- F. W.----
...or at the same time." They were, according to the evidence, separated by at least seven weeks. The State also cites Adams v. State, 688 S.W.2d 401, 403 (Mo.App.1985); State v. Shaw, 701 S.W.2d 514, 517-18 (Mo.App.1985); and State v. Blockton, 703 S.W.2d 500, 507 (Mo.App.1985). However, a ca......
-
State v. Badakhsan, 50337
...Because of the nature of the charges the sentences must be served consecutively. Section 558.026.1 RSMo.Cum.Supp.1984; Adams v. State, 688 S.W.2d 401, 402 (Mo.App.1985). We agree with defendant's claim of error that the convictions were for crimes not charged. The error is jurisdictional. W......