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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Prejudice

Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Prejudice

 

Defendant pleaded guilty to two counts of forgery pursuant in exchange for a suspended sentence and supervised probation. When defendant failed to complete a court-ordered detention sentence program after he violated probation, the court imposed the original sentence. Defendant moved for post-conviction relief, alleging plea counsel advised he would not have to serve his sentences if his probation were revoked.

Where CODS triggered the Rule 24.035 motion period, the trial court erred in failing to advise defendant of his post-conviction relief rights, but in any event defendant failed to sufficiently allege that plea counsel made a positive misrepresentation that he would not have to serve his original sentence if his probation were revoked.

Judgment is affirmed.

Bergner v. State (MLW No. 72801/Case No. ED106674 – 7 pages) (Missouri Court of Appeals, Eastern District, Dowd, J.) Appealed from Circuit Court, St. Francois County, Horn, J. (Susan DeGeorge for appellant) (Dora A. Fichter for respondent)