Where the jury agrees upon a verdict of guilty but fails to agree upon the punishment or does not assess such punishment by its verdict the court shall assess and declare the punishment and render judgment accordingly. Where the jury finds a verdict of guilty and assesses a punishment not authorized by law, or under a plea of guilty, or there is a finding of guilt in a nonjury case, the court shall assess and declare the punishment.
Mo. R. Crim. P. 29.03
Committee Note - 1980
This is substantially the same as prior Rule 27.03.