Lonnie Briley v. State of Missouri
2015 Mo. App. LEXIS 668
Mo. Ct. App.2015Background
- Movant Lonnie Briley appeals the circuit court’s denial of his Rule 24.035 post-conviction relief motion without an evidentiary hearing.
- Briley pleaded guilty in 2012 to tampering in the first degree and misdemeanor stealing in one case, and burglary in the second degree in another case.
- At the October 2012 plea, the court explained punishments and Briley affirmed understanding; the State recommended seven years for tampering and seven years for burglary to run consecutively, with probation.
- The court sentenced Briley to seven years on each 2012 count, to run consecutive for a total of fourteen years, with the second case also run concurrent with probation violations.
- In 2013 Briley pled guilty to two counts of second-degree burglary (third case), with a plea that the two seven-year terms run consecutively for a total of fourteen years, to run concurrent with the 2012 fourteen-year sentence.
- During probation revocation, the court executed the fourteen-year sentence and reiterated how the sentences ran; Briley later claimed his counsel misinformed him about consecutive vs. concurrent terms and needed an evidentiary hearing, which the motion court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether movant is entitled to an evidentiary hearing on ineffective-assistance claim. | Briley argues plea counsel misinformed him about consecutive/concurrent terms. | State contends the record shows Briley understood the terms and no hearing was warranted. | No evidentiary hearing needed; record shows knowing, voluntary pleas and understanding of sentences. |
Key Cases Cited
- Webb v. State, 334 S.W.3d 126 (Mo. banc 2011) (ineffective-assistance standard for post-conviction claims)
- Roberts v. State, 276 S.W.3d 833 (Mo. banc 2009) (clear-error standard for Rule 24.035 findings)
- Kennell v. State, 209 S.W.3d 504 (Mo.App.E.D. 2006) (no relief where no reasonable basis for movant’s belief is shown)
- Burnett v. State, 311 S.W.3d 810 (Mo.App.E.D. 2009) (ineffective assistance related to voluntariness of plea)
- Dorsey v. State, 115 S.W.3d 842 (Mo.banc 2003) (reasonable basis for belief required to affect voluntariness of guilty plea)