State v. Nunley

WILLIAM RAY PRICE, JR., Chief Justice.

I. Introduction

Nunley pled guilty to first degree murder, armed criminal action, forcible rape, and kidnapping. He waived jury sentencing. He did so for strategic reasons because he was afraid that if he went before a jury, it might sentence him to death. The defendant’s original guilty plea and jury sentencing waiver remained valid after his case was remanded for re-sentencing. Because of Nunley’s guilty plea and waiver, Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), and State v. Whitfield, 107 S.W.3d 253, 265 *614(Mo. banc 2003), do…