State v. Hardin
2014 Mo. LEXIS 113
| Mo. | 2014Background
- Hardin abducted his wife and her son after she obtained an ex parte protective order in November 2010.
- Hardin raped H.H. on December 4 and thereafter violated the protective order five times from jail.
- Hardin was charged with 14 offenses, including forcible rape, aggravated stalking, and five counts of violating a protective order, and was convicted on all counts.
- Hardin received a 50-year sentence for forcible rape under section 566.030.2, RSMo Supp.2009.
- Hardin challenges the sentence as exceeding the statutory maximum and argues double jeopardy for aggravated stalking and protective-order violations.
- The courtAffirms the judgment, addressing the statutory interpretation of section 566.030.2 and the double jeopardy theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 50-year forcible rape sentence exceed maximum | Hardin argues the maximum is five years to life per 566.030.2. | State contends statute offers two options: life or unlimited term of years not less than five. | No; statute authorizes either life or unlimited term not less than five. |
| Do aggravated stalking and protective-order convictions violate double jeopardy | Hardin contends one offense includes the other. | State argues offenses are not lesser-included; each requires distinct elements. | Convictions do not violate double jeopardy; offenses are not lesser-included. |
Key Cases Cited
- State v. Severe, 307 S.W.3d 640 (Mo. banc 2010) (plain-error review when no preservation)
- State v. Moore, 303 S.W.3d 515 (Mo. banc 2010) (statutory interpretation of criminal punishment terms)
- State v. Liberty, 370 S.W.3d 537 (Mo. banc 2012) (ambiguity construal in favor of defendant)
- Council Plaza Redevelopment Corp. v. Duffey, 439 S.W.2d 526 (Mo. banc 1969) (disjunctive 'or' indicates alternative sentencing options)
- State v. Maples, 306 S.W.3d 153 (Mo.App.2010) (two options under statute for sentencing)
- State v. Derenzy, 89 S.W.3d 472 (Mo. banc 2002) (elements test for lesser-included offenses)
- State v. Williams, 828 S.W.2d 894 (Mo.App.1992) (maximum sentence interpretation prior to current framework)
- State v. McTush, 827 S.W.2d 184 (Mo. banc 1992) (elements-based analysis of multiple offenses)
- Missouri v. Hunter, 459 U.S. 359 (U.S. 1983) (double jeopardy and legislative intent in cumulative punishments)
- United States v. Dixon, 509 U.S. 688 (U.S. 1993) (Blockburger test as a tool for statutory interpretation)