Background

• Walker convicted of forcible rape and first-degree statutory rape for a single act with a girl under 12; charges alleged to have occurred between June 1999 and June 2001; jury found him guilty of both counts; trial court sentenced him to two concurrent ten-year terms as a prior/persistent offender.
• Defendant argues sentencing on both counts violates double jeopardy; issues concern legislative intent regarding cumulative punishments.
• Missouri follows the separate-or-several-offense rule rather than the same-transaction rule; defendant may be charged with multiple offenses from same conduct if legislature intended multiple punishments.
• 1998 statutes 566.030 and 566.032 were silent on cumulative punishment, so Court looks to Section 556.041 for legislative intent on cumulative punishment and its four exceptions.
• Court concludes the legislature intended forcible rape and statutory rape as separate offenses with separate punishments; none of the four exceptions apply, so dual convictions/punishments do not violate double jeopardy.
• Holding: sentencing on both forcible rape and statutory rape for a single act does not violate double jeopardy; convictions affirmed.

Issues

Key Cases Cited

• North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969) (double jeopardy and cumulative punishment limits)
• Missouri v. Hunter, 459 U.S. 359 (U.S. 1983) (sentencing power; legislature defines punishments)
• State v. McTush, 827 S.W.2d 184 (Mo. banc 1992) (law governs whether cumulative punishment is permissible)
• State v. Reando, 313 S.W.3d 734 (Mo. App. W.D.2010) (separate-or-several offense rule applied)
• State v. Garnett, 298 S.W.3d 919 (Mo. App. E.D.2009) (multiple offenses from same conduct permitted if legislature intends)
• State v. French, 79 S.W.3d 896 (Mo. banc 2002) (plural convictions for same act when offenses are separate)