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Criminal Law : Post-Conviction Relief – Guilty Plea – Mitigation Testimony
Stephanie Maniscalco//February 1, 2018
Criminal Law : Post-Conviction Relief – Guilty Plea – Mitigation Testimony
Stephanie Maniscalco//February 1, 2018
Where a defendant argued that his guilty plea was involuntary because counsel misled him regarding his sentence, the trial court did not err in finding that counsel testified credibly that he did not make promises regarding the sentence, and the record showed no reasonable basis for the defendant’s claimed belief that he would receive probation or credit for house arrest, and the judgment is affirmed since the defendant could not claim for the first time on appeal that the absence of mitigation testimony at sentencing affected the voluntariness of his plea.
Judgment is affirmed.
Duncan v. State (MLW No. 71374/Case No. WD80522 – 20 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Campbell, J. (F.A. White Jr., Kansas City, Missouri, for appellant) (Joshua D. Hawley and Julia E. Neidhardt, Jefferson City, for respondent).
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