573 S.W.3d 83
Mo. Ct. App.2019Background
- Movant Christopher Borneman pleaded guilty to passing a bad check (class C felony) under a negotiated plea: seven years in DOC (concurrent with other sentences) and a separate Restitution Order for $3,260.44 plus $75, with payments to start 30 days after release.
- At plea hearing the prosecutor and defense confirmed the restitution term was part of the agreement; the court personally advised Borneman of the restitution amount and payment timing, and found the plea knowing, voluntary, and intelligent.
- Borneman later filed a pro se Rule 24.035 post-conviction relief motion claiming the plea court lacked authority under §557.011 to both incarcerate him and order restitution (citing Missouri appellate precedent).
- Borneman admitted in his PCR motion that he had discussed the §557.011 issue and related case law with counsel before pleading guilty.
- The motion court denied relief, relying in part on Bellamy (holding a 2013 amendment allows restitution with an executed prison term). Borneman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea court lacked authority under §557.011 to impose an executed term of years and order restitution (due process claim) | Borneman: sentencing to DOC plus restitution exceeds §557.011; plea court deprived him of due process | State: claim waived by a knowing, voluntary, intelligent guilty plea; 2013 statutory amendment (and Bellamy) permits restitution with prison term | Court: Claim waived by plea; any error was self‑invited; PCR denial affirmed |
Key Cases Cited
- Stanley v. State, 420 S.W.3d 532 (Mo. banc 2014) (guilty plea waives constitutional and statutory claims except jurisdictional defects and voluntariness of plea)
- Bellamy v. State, 525 S.W.3d 166 (Mo. App. 2017) (2013 amendment to restitution statute permits ordering restitution with an executed prison sentence)
- Johnson v. State, 477 S.W.3d 2 (Mo. App. 2015) (defendant may not benefit from self‑invited error; guilty plea bars later challenge based on his own conduct)
- State v. Schnelle, 398 S.W.3d 37 (Mo. App. 2013) (authorities previously relied upon by movant challenging restitution with incarceration)