Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Plea Agreement Advice

Where a defendant who was pleaded guilty to second-degree felony murder after a drunk-driving accident argued that his counsel was ineffective for misadvising him that there was 20-year cap on the murder charge and that he could withdraw his guilty plea if the court sentenced him in excess of 20 years, denial of post-conviction relief is affirmed because the defendant did not show prejudice where the court corrects or clarifies inadequate advice by counsel and the defendant acknowledges his understanding of the court’s admonishments.

Judgment is affirmed.

Thornton v. State (MLW No. 67183/Case No. WD76734 – 10 pages) (Missouri Court of Appeals, Western District, Howard, J.) Appealed from circuit court, Dekalb County, Chapman, J. (Damien De Loyola for appellant) (Gregory L. Barnes for respondent).

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