Missouri Court of Appeals, Western District / Mar 30, 2021
State of Missouri vs. Robert E. McDonald
Robert McDonald was convicted of multiple counts of statutory sodomy, statutory rape, and incest. The trial court sentenced him as a predatory sexual offender on several counts, using an act for which he was also convicted in Count 1 as the predicate offense. McDonald appealed, arguing that an act cannot be "previously committed" under section 558.018.5(2) RSMo if it is part of the current charges. The appellate court affirmed, holding that an act is "previously committed" if it occurred prior to the offense for which the enhanced sentence is imposed, even if it is also a currently charged offense.