State v. Teer

RICHARD B. TEITELMAN, Judge.

Section 558.021.2, RSMo 1994,1 provides that the facts establishing prior offender status “shall be pleaded, established and found prior to submission to the jury....” The circuit court determined that Michael Teer was a prior offender after the case was submitted to the jury. Section 558.021.2 provides that prior offender status must be pleaded and proven before the case is submitted to the jury. Consequently, the judgment as to Teer’s sentences is reversed, and the case is remanded. In all other respects, the judgment is affirmed.

FACTS

In 1994, Teer was involved…