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STATE v. TEER

No. SC 89501.

275 S.W.3d 258 (2009)

STATE of Missouri, Respondent, v. Michael TEER, Appellant.

Supreme Court of Missouri, En Banc.

January 27, 2009.

Attorney(s) appearing for the Case

Lisa M. Stroup, Office of the Public Defender, St. Louis, for Appellant.

Christopher A. Koster, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, for Respondent.

RICHARD B. TEITELMAN, Judge.

Section 558.021.2, RSMo 1994,1 provides that the facts establishing prior offender status "shall be pleaded, established and found prior to submission to the jury...." The circuit court determined that Michael Teer was a prior offender after the case was submitted to the jury. Section 558.021.2 provides that prior offender status must be pleaded and proven before the case is submitted to the jury. Consequently...

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