Howard Johnson v. State Missouri

Howard Johnson pleaded guilty to distributing marijuana in February of 1994. Although the sentencing Judge found Mr. Johnson to be a persistent offender, he did not specifically refer to that finding during the formal oral pronouncement of sentence. Mr. Johnson argues that the written judgment and sentence, which specifies that he is a persistent offender, is inconsistent with the oral sentence and that the oral sentence is controlling. We find no merit in this argument. Based upon the whole record, the oral sentence was clear, and, in any case, the Judge had no discretion not to sentence Mr. Johnson as a persistent offender.