State Ex Rel. LaChance v. Bowersox
Cases that cite this one
6 later published cases cite this decision.
- State of Missouri v. Lindsay Michelle Forbes (Mo. 2023)
- State Ex Rel. Zinna v. Steele (Mo. 2010)
- STATE OF MISSOURI, Plaintiff-Respondent v. MICHAEL LEE CREEKMORE, Defendant- Appellant (Mo. Ct. App. 2025)
- Orpheus D. Warren, Movant/Appellant v. State of Missouri (Mo. Ct. App. 2014)
- Warren v. State (Mo. Ct. App. 2014)
- Ashford v. State (Mo. Ct. App. 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Michael Bowersox is directed to correct the records of the department of corrections to reflect that the sentence imposed by the Circuit Court of St. Louis County in case no. 96CR-001022(1) is to be served concurrently, rather than consecutively, with the seven-year sentences imposed by the Circuit Court of St. Louis City in case no. 951-2736. A permanent writ of mandamus shall issue accordingly.
When pronouncing sentence in case no. 96CR001022(1), the court failed to state whether the sentences as to those offenses shall run consecutively to or concurrently with sentences imposed in case no. 951-2736, offenses for which LaChance had been previously sentenced. As the court failed to do so at the time of pronouncing the sentences, the respective sentences shall run concurrently. Rule 29.09.
To the extent the written judgment imposed the sentences consecutively, it was a material difference from the sentence orally pronounced. If a material difference exists, the oral pronouncement controls. State v. Franklin, 975 S.W.2d 493 (Mo. App. 1998). The oral pronouncement of the circuit court of St. Louis County was of a maximum sentence of 13 years.
The Court expresses its appreciation to Attorney Fernando Bermudez, who represented petitioner pro bono by appointment of the Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.