Legal Opinion

State v. Simmons

Missouri Court of Appeals

Decided September 20, 1983No. WD 34421PublishedCited by 9 opinions

1Opinion of the Court

SOMERVILLE, Judge Presiding.

Defendant, who shot and killed his wife, was charged with murder in the second degree (§ 565.004, RSMo 1978). Plea bargaining culminated in a reduced charge of manslaughter (§ 565.005, RSMo 1978) to which defendant pled guilty.

The state, as part of the bargain struck, agreed to “remain silent” on the length of sentence to be imposed and to neither recommend nor oppose probation. A pre-sen-tence investigation ordered by the sentencing judge recommended probation. A lengthy pre-sentence hearing (as evidenced by a transcript of some 160 pages) followed which was…

2Cases cited10 opinions

  1. Gardner v. FloridaSupreme Court of the United States · 1977
  2. Robert Michael Woosley v. United StatesCourt of Appeals for the Eighth Circuit · 1973
  3. State v. LePageMissouri Court of Appeals · 1976
  4. State v. PhroperMissouri Court of Appeals · 1981
  5. Riley v. StateMissouri Court of Appeals · 1979

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. WilliamsSupreme Court of Missouri · 1994
  2. State v. StoutMissouri Court of Appeals · 1998
  3. Suman v. StateMissouri Court of Appeals · 1990
  4. State v. CarrilloMissouri Court of Appeals · 1996
  5. State v. WoodMissouri Court of Appeals · 1984

4 more not listed; retrieve them via the Exa API.

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