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Criminal Law : New Trial Motion – Erroneous Procedure
Stephanie Maniscalco//May 13, 2013
Where a defendant filed a new trial motion following a guilty plea, the trial court should have denied the motion for lack of legal support instead of converting it to a motion for post-conviction relief, but denial of the motion was proper even if it was for an erroneous reason.
Judgment is affirmed.
State v. Onate (MLW No. 64975/Case No. WD73778 – 8 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Andrew County, Robb, J. (Chris Koster and Richard A. Starnes, Jefferson City, for appellant) (Phillip R. Gibson, Blue Springs, for respondent).
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