State v. Burgin

TURNAGE, Judge.

Arthur L. Burgin was charged with forcible rape, § 566.030 RSMo 1978, 1 and forci-' ble sodomy, § 566.060. The jury found him guilty on the rape charge only, and assessed punishment at 10 years imprisonment. In light of the fact that Burgin was a persistent sexual offender under § 558.018 RSMo 1980, the court imposed a sentence of 30 years without probation or parole.

Burgin contends that the jury verdict was inconsistent based on the evidence, and that the court was without authority to extend his sentence as a persistent sexual offender because the legislature had failed to…