Abrams v. State
550 S.W.3d 557
Mo. Ct. App.2018Background
- Movant Corey Lee Abrams pleaded guilty in 2011 to stealing a firearm; sentence imposed in 2013 as a class C felony with a seven-year term.
- Abrams filed a timely pro se Rule 24.035 motion in 2016 and a timely amended motion in 2017 after counsel was appointed and transcript filed.
- He sought retroactive application of State v. Bazell to have his felony conviction reduced to a class A misdemeanor and his sentence to one year.
- The motion court denied relief, concluding Bazell did not apply retroactively to his case.
- Abrams appealed the denial, arguing his sentence exceeded the maximum authorized by law under Bazell and thus was cognizable in a Rule 24.035 motion.
- The appellate panel reviewed precedent holding Bazell prospective only (except for cases pending on direct appeal) and affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bazell entitles Abrams to retroactive relief reducing felony to misdemeanor | Bazell means his sentence exceeded statutory maximum; Rule 24.035 may raise unlawful-sentence claims | Bazell applies only prospectively (except pending direct appeals); Abrams is not entitled to retroactive relief | Bazell is prospective only; Abrams not entitled to relief; motion denied and affirmed |
Key Cases Cited
- State v. Bazell, 497 S.W.3d 263 (Mo. banc 2016) (reinterpreted stealing statute but held by later cases to apply prospectively)
- State v. Smith, 522 S.W.3d 221 (Mo. banc 2017) (holding certain statutory interpretations apply prospectively)
- State ex rel. Windeknecht v. Mesmer, 530 S.W.3d 500 (Mo. banc 2017) (Bazell applies only forward except for cases pending on direct appeal)
- State ex rel. Fite v. Johnson, 530 S.W.3d 508 (Mo. banc 2017) (Rule 29.07(d) challenge based on Bazell was substantively meritless because Bazell is prospective)
- State ex rel. Zahnd v. Van Amburg, 533 S.W.3d 227 (Mo. banc 2017) (Bazell and Smith apply prospectively and to cases still pending on direct appeal)
- Watson v. State, 545 S.W.3d 909 (Mo. App. W.D. 2018) (rejected the same retroactivity argument on which Abrams relies)