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William Dean v. State Missouri

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eBook details

  • Title: William Dean v. State Missouri
  • Author : Western District Court of Appeals of Missouri
  • Release Date : January 17, 1997
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

William Dean appeals from the denial of his Rule 24.035 motion for post-conviction relief, after an evidentiary hearing. Dean contends that the motion court erred: (1) in finding that he was not prejudiced by the trial court's failure to follow Rule 24.02; (2) in finding that his plea was voluntary; (3) in finding that plea counsel was not ineffective; and (4) in finding that his plea was not rendered involuntary because of his perception that counsel was not prepared for trial. The judgment of the motion court is affirmed. William Dean was charged with one count of robbery in the first degree, § 569.020, RSMo 1986, one count of kidnapping, § 565.110, and two counts of armed criminal action, § 571.015. On October 7, 1993, pursuant to a plea agreement, he entered a plea of guilty to one count of robbery in the first degree and one count of armed criminal action. Dean and his counsel completed a form questionnaire related to his plea, but Dean was not fully informed of his constitutional rights in open court in violation of Rule 24.02. On May 2, 1994, Dean filed a pro se motion pursuant to Rule 24.035. An amended motion was later filed by counsel. The circuit court denied the motion without an evidentiary hearing. Dean appealed from the decision of the circuit court. This court, in Dean v. State, 901 S.W.2d 323 (Mo. App. 1995), remanded the cause for an evidentiary hearing to determine whether the violation of Rule 24.02, and other matters complained of by Dean, rendered the plea involuntary and unintelligent.


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