Newton v. State
2011 Mo. App. LEXIS 1385
| Mo. Ct. App. | 2011Background
- Newton pled guilty to felony attempt to produce a controlled substance (growing marijuana) and to misdemeanor domestic assault; court sentenced eight years for the felony and six months for the misdemeanor, concurrent.
- Newton filed pro se Rule 24.035 post-conviction motion; amended motion claimed plea counsel failed to inform him that both counts would be addressed at the plea hearing and failed to investigate defenses to the misdemeanor charge.
- Motion court held an evidentiary hearing; denied relief, concluding Rule 24.035 limits relief to felonies; Newton appeals.
- Rule 24.035(k) standard of review requires clear error in factual findings; findings rely on testimony from plea counsel and Newton’s deposition.
- Court addresses whether Rule 24.035 applies to the felony conviction only, and whether alleged ineffective assistance regarding the misdemeanor could render the felony plea involuntary; record shows Newton knowingly pleaded guilty to both counts.
- Court affirms denial of post-conviction relief, concluding Newton failed to show a cognizable claim under Rule 24.035 regarding the felony plea
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 24.035 applies to felony convictions only | Newton (Rule 24.035 movant) argues it covers the felony plea | State argues Rule 24.035 is limited to felonies, excluding misdemeanors | Rule 24.035 applies only to felonies; misdemeanor issues are not cognizable under it |
| Whether ineffective assistance regarding the misdemeanor supports relief for the felony plea | Inadequate investigation of misdemeanor could render felony plea involuntary | Prejudice requires showing would have gone to trial on felony; misdemeanor inquiry cannot uphold felonies | No clear error; movant failed to show prejudice linking misdemeanor investigation to felony plea |
| Whether movant showed prejudice to render the felony guilty plea involuntary | Counsel's failures tainted the decision to plead guilty | Record shows Newton understood and waived defenses; he chose to plead guilty despite reservations about misdemeanor | Record supports voluntariness of felony plea; no prejudice shown |
Key Cases Cited
- Smith v. State, 60 S.W.3d 31 (Mo.App. S.D.2001) (misdemeanor convictions not covered by Rule 24.035/29.15; limits relief to felonies)
- State v. Ford, 844 S.W.2d 130 (Mo. App. S.D.1993) (Rule 24.035 does not provide remedy where defendant plead to misdemeanor)
- Gehrke v. State, 280 S.W.3d 54 (Mo. banc 2009) (Rule 24.035 limits relief to felony pleas; misdemeanors not relevant to the rule's scope)
- Johnson v. State, 128 S.W.3d 624 (Mo.App. W.D.2004) (Rule 24.035 relief limited to felony convictions; misdemeanors not eligible)