Berry v. State
2011 Mo. App. LEXIS 250
| Mo. Ct. App. | 2011Background
- Movant Jarrid Berry pled guilty to first degree robbery, two armed criminal actions, and attempted first degree robbery; total sentence 12 years, concurrent.
- During plea, State offered 10 years on amended charge; later offer rescinded when new prosecutor took over; Movant ultimately pled blind to first degree robbery.
- Movant claims ineffective assistance of plea counsel for advising him to reject the initial offer, causing the plea to be rescinded and a longer sentence.
- Motion court denied Rule 24.035 motion without an evidentiary hearing, finding plea was knowing and voluntary and counsel did not provide misinformation.
- Appellate review affirmed, holding no prejudice shown; Frye/Beach/Dobbins framework discussed, but court relied on case-specific facts to deny relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel's advice to reject the first plea offer was ineffective | Berry | State | No ineffective assistance; no prejudice shown |
| Whether Frye and related precedent require reversal or different prejudice analysis | Berry | State | Declines to overrule Frye; adheres to current analysis |
Key Cases Cited
- Frye v. State, 311 S.W.3d 350 (Mo.App. W.D.2010) (prejudice standard beyond but-for test in plea counsel ineffectiveness)
- Dobbins v. State, 187 S.W.3d 865 (Mo. banc 2006) (affirmative misrepresentation as to eligibility prejudices plea)
- Beach v. State, 220 S.W.3d 360 (Mo.App. S.D.2007) (prejudice not the kind supporting ineffective assistance under Hill)
- Hill v. Lockhart, 474 U.S. 52 (1985) (but-for prejudice framework for plea-based claims)
- Worthington v. State, 166 S.W.3d 566 (Mo. Banc 2005) (plea waiver of claims unless affecting voluntariness/knowledge)