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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law : Post-Conviction Relief – Factual Basis – Kidnapping

Criminal Law : Post-Conviction Relief – Factual Basis – Kidnapping

Where a defendant in a kidnapping case argued that the state failed to establish a factual basis for the charge, the judgment is affirmed because the record as a whole showed that the defendant was aware of all of the elements of the crime of kidnapping and that he entered his guilty plea knowingly and voluntarily, and neither plea counsel nor the plea court was obligated to inform the defendant that he would be ineligible for parole for the duration of his sentence as the result of the guilty plea to victim tampering, so he was aware of the direct consequences of his plea of guilty and entered the plea voluntarily.

Judgment is affirmed.

Austin v. State (MLW No. 71060/Case No. ED104817 – 10 pages) (Missouri Court of Appeals, Eastern District, Dolan, J.) Appealed from circuit court, St. Louis City, Hogan, J. (Maleaner Ryna Harvey for appellant) (Shaun J. Mackelprang for respondent).

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