524 S.W.3d 505
Mo.2017Background
- Angelo Johnson was convicted by a jury of multiple sexual offenses involving three victims, including five counts of first‑degree statutory sodomy and three counts of first‑degree statutory rape (predicate offenses for enhanced sentencing).
- The State sought a judicial finding that Johnson was a "predatory sexual offender" under Mo. Rev. Stat. § 558.018.5(3) (person "has committed an act or acts against more than one victim").
- Before jury submission the trial court initially declined the State’s request, interpreting § 558.018.5(3) as applying only to prior acts. The jury then convicted Johnson on 12 of 13 counts.
- At sentencing the trial court reversed its earlier view, found Johnson a predatory sexual offender under § 558.018.5(3), and imposed mandatory life terms (with parole eligibility) on eight convictions.
- Johnson appealed, arguing (1) § 558.018.5(3) does not apply to currently charged acts and is unconstitutional under Alleyne, and (2) the court violated § 558.021.2 by making the predatory‑status finding after jury submission, producing plain error and manifest injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 558.018.5(3) applies to acts charged in the current case | § 558.018.5(3) should be read to apply only to prior/previous acts, not to acts that are the basis of current charges | The plain language covers "an act or acts against more than one victim" and does not limit application to prior acts; it applies to charged acts | Court: § 558.018.5(3) is unambiguous and applies to charged acts as well as prior acts; defendant's textual argument rejected |
| Whether applying § 558.018.5(3) to charged acts violates the Sixth Amendment (Alleyne) or is facially unconstitutional | Alleyne requires any fact that increases a mandatory minimum (here, multiple victims) to be found by the jury, so § 558.018.5(3) is unconstitutional as applied to charged acts | Because the jury in this case found the predicate facts (multiple victims) beyond a reasonable doubt, there was no Alleyne violation here; statute is not facially unconstitutional because it can be constitutionally applied (e.g., with prior convictions) | Court: Alleyne does not render § 558.018.5(3) facially invalid; no constitutional harm where jury found the necessary facts; defendant’s constitutional challenge fails |
| Whether the trial court’s post‑submission predatory‑status finding violated § 558.021.2 and requires reversal for plain error/manifest injustice | Trial court plainly erred by making the finding after jury submission in violation of § 558.021.2; that procedural error caused manifest injustice because it produced a greater mandatory minimum sentence | Trial court’s timing error was evident but did not produce manifest injustice here: Johnson waived jury sentencing, the State had charged and introduced evidence supporting multiple victims, and the jury actually found the predicate facts | Court: The timing error was plain but did not result in manifest injustice under the facts of this case; sentence affirmed |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (Any fact that increases mandatory minimum is an element that must be found by the jury)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (facts increasing penalty beyond statutory maximum must be submitted to jury)
- State v. Teer, 275 S.W.3d 258 (Mo. banc 2009) (timing of judicial status findings can produce prejudice when jury sentencing/recommendation is displaced)
- State v. Collins, 328 S.W.3d 705 (Mo. banc 2011) (failure to follow statutory procedures for status offender findings can prejudice defendant)
- State v. Severe, 307 S.W.3d 640 (Mo. banc 2010) (statutory timing and one‑bite rule; unfair second opportunity for State can cause manifest injustice)