Opinion
No. ED89786
January 29, 2008
Appeal from the Circuit Court of St. Francois County, Honorable Kenneth Wayne Pratte.
Jessica Hathaway, St. Louis, MO, Attorneys for appellant.
Shaun J. Mackelprang, Jamie Pamela Rasmussen, Jefferson City, MO, Attorneys for respondent.
Before: Patricia L. Cohen, C.J., Kathianne Knaup Crane, J. and Nannette A. Baker, J.
Order
Gary Roberts ("Movant") appeals from a judgment in the St. Francois County Circuit Court denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. In his first point on appeal, Movant contends that the motion court erred in denying his motion without an evidentiary hearing because he pleaded facts that, if true, would have demonstrated his decision to plead guilty was induced by his reasonable understanding that his plea agreement included an agreement that the State would not oppose institutional treatment. In his second point, Movant argues that the motion court erred in denying his motion with no evidentiary hearing because his counsel was ineffective for failing to object to the State's mischaracterization of the plea agreement and request to withdraw his plea.
All rule references are to Mo. Rules Crim. Pro. 2000 unless otherwise indicated.
We have reviewed the briefs of the parties and the record on appeal and find the motion court's decision was not clearly erroneous. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision.
We affirm the award pursuant to Rule 84.16(b).
Patricia L. Cohen, C.J., Kathianne Knaup Crane, J. and Nannette A. Baker, J, concurring.