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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for advising defendant to enter an Alford plea because a defendant was required to admit guilt to be eligible for parole.

Where there was no constitutional or inherent right to early release from prison, defendant had no protectable interest in an expectation of parole, and plea counsel was not ineffective where defendant merely speculated that he would have acted differently with different advice from counsel.

Judgment is affirmed.

Frazier v. State (MLW No. 73265/Case No. SD35430 – 15 pages) (Missouri Court of Appeals, Southern District, Francis, Jr., J.) Appealed from Circuit Court, New Madrid County, Currie, J.