Missouri Court of Appeals, Western District / Aug 28, 2018
State of Missouri vs. Timothy M. Libertus
Timothy M. Libertus appealed his consecutive 100-year sentences for forcible sodomy and forcible rape, arguing they exceeded statutory authority because such lengthy terms, effectively life without parole, are only authorized for child victims. This appeal followed a prior remand for resentencing due to procedural errors in the original sentencing. The appellate court affirmed the sentences, holding that Missouri statutes 566.030.2 and 566.060.2 unambiguously authorize an unlimited term of years not less than five years for these offenses, regardless of the victim's age, consistent with Missouri Supreme Court precedent.