State v. Plastec, Inc.

SIMON, Presiding Judge.

Plastee, Inc. (Plastee) appeals the judgment entered by the trial court for failing to insure its workers’ compensation liability, a class A misdemeanor, pursuant to section 287.128.5 RSMo 1994 (all further references shall be to RSMo 1994 unless otherwise noted), for which it was sentenced to a fíne of $100 and a penalty of $25,000.

On appeal, Plastee contends that the trial court erred in finding that, under section 287.128.5, it lacked discretion to impose no penalty or a penalty of less than $25,000 and in imposing a penalty of $25,000 because the statute’s language…