decided June 9, 1975
How later courts described this case
- decided June 9, 1975
Written by the judges who cited it.
Distinguished
Distinguished by Harris v. State, 1989 Mo. App. LEXIS 1412 (1989)
The sentencing statute in effect at the time of Movant’s sentencing, however, contained no mandatory consecutive sentencing provision; therefore, Baker is inapplicable.
The opinion
HENLEY, Judge
(concurring).
I concur and add a word of caution to the trial bench regarding the record that should be made at the time of sentencing.
In a case where, as here, a defendant is convicted of two or more offences at the same time, the terms of imprisonment imposed will run concurrently unless there is a direction of record that they run consecutively. Anthony v. Kaiser, 350 Mo. 748 , 169 S.W.2d 47, 49 [7-9] (banc 1943). Since the trial judge has the authority from this day on to exercise his discretion in sentencing in cases such as this, he must do so; and, it is imperative that if he determines the sentences should run consecutively that the record show this determination.