Porter v. State

5 Citing cases

  1. Robertson v. State

    502 S.W.3d 32 (Mo. Ct. App. 2016)   Cited 9 times

    "Neither a disappointed expectation of a lesser sentence, nor a mere prediction as to sentencing by counsel that proves incorrect, is sufficient to render a guilty plea involuntary." Porter v. State , 480 S.W.3d 455, 458 (Mo. App. W.D. 2016) (internal quotation omitted). See also White v. State , 954 S.W.2d 703, 706 (Mo. App. W.D. 1997) ("An attorney's mere prediction of a sentence or of punishment the court will impose does not necessarily constitute coercion which renders a guilty plea involuntary."); Simons v. State , 719 S.W.2d 479, 481 (Mo. App. S.D. 1986) ("For counsel to predict the possibility of a lengthy sentence following a jury trial does not amount to a coerced and involuntary plea.").

  2. Eccher v. State

    629 S.W.3d 113 (Mo. Ct. App. 2021)   Cited 3 times

    " ‘Neither a disappointed expectation of a lesser sentence, nor a mere prediction as to sentencing by counsel that proves incorrect, is sufficient to render a guilty plea involuntary.’ " Robertson v. State , 502 S.W.3d 32, 36 (Mo. App. 2016) (quoting Porter v. State , 480 S.W.3d 455, 458 (Mo. App. 2016) ). Eccher's appellate counsel acknowledges the record but argues it's difficult to know whether Eccher, who has mild autism, truly understood he could receive a sentence greater than 25 years.

  3. Perkins v. State

    569 S.W.3d 426 (Mo. Ct. App. 2018)   Cited 9 times
    In Perkins v. State, 569 S.W.3d 426 (Mo. App. W.D. 2018), this Court stated in a footnote that it would not follow Federhofer or Volner because they were both at odds with Clemmons. Id. at 436 n.7. While noting the contradiction, the Court in Perkins opted not to overrule Federhofer and Volner because it was addressing a slightly different issue from those two cases—whether a pro se amended motion was untimely.

    " Id. "We presume that the motion court's findings and conclusions are correct, and defer to the motion court's determinations of credibility." Simmons v. State , 502 S.W.3d 739, 741 (Mo. App. W.D. 2016) (quoting Porter v. State , 480 S.W.3d 455, 457 (Mo. App. W.D. 2016) ).Analysis

  4. Perkins v. State

    WD80745 (Mo. Ct. App. Aug. 7, 2018)

    " Id. "We presume that the motion court's findings and conclusions are correct, and defer to the motion court's determinations of credibility." Simmons v. State, 502 S.W.3d 739, 741 (Mo. App. W.D. 2016) (quoting Porter v. State, 480 S.W.3d 455, 457 (Mo. App. W.D. 2016)). "Even if the stated reason for a [motion] court's ruling is incorrect, the judgment should be affirmed if the judgment is sustainable on other grounds." Swallow v. State, 398 S.W.3d 1, 3 (Mo. banc 2013).

  5. Simmons v. State

    502 S.W.3d 739 (Mo. Ct. App. 2016)   Cited 6 times

    " Id. (citing Soto v. State , 226 S.W.3d 164, 166 (Mo. banc 2007) ). "'We presume that the motion court's findings and conclusions are correct, and defer to the motion court's determinations of credibility."' Porter v. State , 480 S.W.3d 455, 457 (Mo. App. W.D. 2016) (quoting Nichols v. State , 409 S.W.3d 566, 569 (Mo. App. E.D. 2013) ).Analysis