Garris v. State, 2012 Mo. LEXIS 285

Garris appeals the motion court’s denial of his Rule 24.035 motion without an evidentiary hearing.
The motion court overruled pretrial challenges to the constitutional validity of § 558.018.5(2) and § 558.021.2 and later accepted pleas to three counts.
Garris was charged with three counts of statutory sodomy in the first degree; he waived preliminary hearing and later pled guilty.
A third amended information charged him as a predatory sexual offender on counts I and III, with count II removed.
Garris challenged the predatory offender status hearing as pretrial and challenged the constitutionality of the statutes, but pled guilty before the hearing.
The trial court sentenced him to life imprisonment on all three counts, with concurrent terms and a minimum parole eligibility of 15 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of constitutional challenges by guilty plea.	Garris argues pretrial motions preserved issues.	State contends plea waives review of pre-plea constitutional claims.	Garris’s guilty pleas waived review of the constitutional challenges.
Whether the motion court clearly erred in denying post-conviction relief.	Garris maintained the merits of his due process and jury-trial claims.	State argues waiver due to guilty pleas and lack of record.	No clear error; denial affirmed.

Feldhaus v. State, 311 S.W.3d 802 (Mo. Banc. 2010) (waiver applied to constitutional challenges in guilty pleas)
Cooper v. State, 356 S.W.3d 148 (Mo. Banc. 2011) (clear error standard for Rule 24.035 review)
State v. Craig, 287 S.W.3d 676 (Mo. Banc. 2009) (conditional admissions preserved appeal rights in some contexts)
State ex rel York v. Daugherty, 969 S.W.2d 224 (Mo. Banc. 1998) (constitutional violations waived if not raised early)
Hampton v. State, 495 S.W.2d 638 (Mo. Banc. 1973) (plea admits guilt and waives pre-plea rights)