State v. Upshaw

1 Citing case

  1. Ventimiglia v. State

    639 S.W.2d 213 (Mo. Ct. App. 1982)   Cited 4 times

    But under Sours v. State, the jury may convict the defendant of only one of the charges. See: State v. Upshaw, 634 S.W.2d 445, 447 (Mo. 1982); State ex rel. Westfall v. Ruddy, 621 S.W.2d 42, 45 (Mo.banc 1981). Whatever "consider" may include, since a jury may have before it both a charge and the evidence of armed criminal action in assessing punishment on conviction of the underlying felony, ยง 557.036, RSMo 1978, we fail to see error in having the same matters before the trial judge in passing sentence on a guilty plea to the underlying felony.