State of Missouri v. Timothy Libertus

Timothy Libertas appeals his convictions and sentences, following a jury trial, for forcible rape, forcible sodomy, and unlawful use of a weapon, for which he was sentenced to two consecutive 100-year prison sentences and one concurrent three-year sentence, respectively. We affirm, but we are compelled to remand for resentencing because Libertas was improperly found to be a dangerous offender and sentenced as such.

Background

We view the evidence in the light most favorable to the verdict. State v. Taylor, 298 S.W.3d 482, 491 (Mo. banc 2009). The evidence at trial showed that, after having…