Robinson v. State
2012 Mo. App. LEXIS 232
| Mo. Ct. App. | 2012Background
- Movant D'Andre Robinson appeals the motion court's denial of his amended Rule 24.035 post-conviction relief motion without an evidentiary hearing.
- Movant pleaded guilty on April 11, 2008 to possession of cocaine base and possession of marijuana (<35 grams).
- Movant was sentenced as a prior and persistent drug offender to 13 years and ordered to complete a 120-day institutional drug treatment program, with potential probation after program completion.
- Movant filed a timely Rule 24.035 motion; counsel amended it arguing sentencing as a prior and persistent offender was error.
- The written judgment failed to reflect the trial court's oral finding of prior and persistent drug offender status; clerical correction requested via nunc pro tunc relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved prior drug offender status by evidence or admission. | Movant argues the State failed to prove prior convictions as required. | State contends admission by Movant at sentencing suffices to prove the status. | Denied; admission suffices, so no error in sentencing. |
| Whether Movant's felonies were committed at different times for persistent offender status. | Movant contends felonies must be at different times. | Statutory definition for drug offender does not require different times. | Denied; not required for drug offender status. |
| Whether clerical error on the judgment misstates Movant's status and can be corrected. | Movant seeks correction to reflect prior and persistent drug offender status. | Clerical mistakes may be corrected; nunc pro tunc order appropriate. | Granted; remand to correct clerical error via nunc pro tunc order. |
Key Cases Cited
- Roberts v. State, 276 S.W.3d 833 (Mo. banc 2009) (standard for reviewing post-conviction findings of fact and conclusions of law)
- Smith v. State, 353 S.W.3d 93 (Mo.App. E.D.2011) (State relieved of proving all matters when defendant admits felonies on the record)
- Milner v. State, 975 S.W.2d 240 (Mo.App. S.D. 1998) (review of motion court limits; proper presentation)
- State v. Gibbs, 306 S.W.3d 178 (Mo.App. E.D.2010) (clerical mistakes in judgment can be corrected by nunc pro tunc when record shows trial court's intent)