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State v. Carter

Missouri Court of Appeals, Southern District, Division Two
Jan 22, 2002
62 S.W.3d 569 (Mo. Ct. App. 2002)

Summary

noting the defendant claimed plea court erred in that the pre-sentence investigation report “resulted in a harsher sentence than [he] should have received”

Summary of this case from State v. Hopkins

Opinion

No. 23974

October 31, 2001 Motion for Rehearing and/or Transfer to Supreme Court Denied November 21, 2001 Application for Transfer Denied January 22, 2002.

Appeal from Circuit Court of Pemiscot County, Fred W. Copeland, J.

Henry W. Cummings, St. Charles, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Richard A. Starnes, Asst. Atty. Gen., for respondent.


James A. Carter ("Appellant") appeals from his conviction of assault in the first degree after making an Alford plea. This court does not have jurisdiction to decide the case, therefore, we dismiss the appeal.

A plea agreement was reached in Appellant's criminal case. Appellant made an Alford plea to the charge of assault in the first degree under section 565.050, RSMo 2000. Pursuant to that plea he was sentenced to a ten-year term of imprisonment. Appellant filed a direct appeal to this court, claiming three errors:

1) he received ineffective assistance of counsel; 2) his guilty plea was based upon a misunderstanding of the plea agreement; 3) errors in the pre-sentence report resulted in a harsher sentence than Appellant should have received. This court does not have jurisdiction to address his claims of error.

It is well settled that in a direct appeal from a guilty plea this court has jurisdiction to address only the trial court's subject matter jurisdiction and the sufficiency of the information or indictment. State v. Sharp , 39 S.W.3d 70, 72 (Mo.App.E.D. 2001). Appellant raises neither of those issues in his appeal. Rather, he is concerned about the sentence he received from the trial court after pleading guilty. Such claims of error must be raised through the procedures found in Rule 24.035. Id . Rule 24.035(a) specifically applies to a claim of ineffective assistance of counsel or an excessive sentence. Rule 24.035 is the exclusive remedy for such a challenge. Id .

All rule references are to Supreme Court Rules (2001), unless otherwise stated.

Appellant cannot seek the review he requests by direct appeal. State v. Carrillo , 935 S.W.2d 328, 329 (Mo.App.S.D. 1996). Having no authority to review Appellant's arguments, his appeal is dismissed.

Garrison, P.J., and Parrish, J., concur.


Summaries of

State v. Carter

Missouri Court of Appeals, Southern District, Division Two
Jan 22, 2002
62 S.W.3d 569 (Mo. Ct. App. 2002)

noting the defendant claimed plea court erred in that the pre-sentence investigation report “resulted in a harsher sentence than [he] should have received”

Summary of this case from State v. Hopkins

noting the defendant claimed plea court erred in that the pre-sentence investigation report "resulted in a harsher sentence than [he] should have received"

Summary of this case from State v. Hopkins
Case details for

State v. Carter

Case Details

Full title:State of Missouri, Plaintiff/Respondent v. James A. Carter…

Court:Missouri Court of Appeals, Southern District, Division Two

Date published: Jan 22, 2002

Citations

62 S.W.3d 569 (Mo. Ct. App. 2002)

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