Ross v. State
2011 Mo. LEXIS 120
| Mo. | 2011Background
- Ross was charged as a prior and persistent offender with one count of second-degree statutory rape under section 566.034.
- On the trial day, Ross pled guilty to spare the victim and family and admitted intercourse with a 16-year-old when he was 33.
- The court found the guilty plea voluntary and with a factual basis, and sentenced Ross to 10 years as a prior and persistent offender.
- Ross filed a pro se Rule 24.035 motion and amended motion alleging section 566.034 was unconstitutional under Missouri’s single-subject provision.
- The motion court held an evidentiary hearing and overruled the post-conviction relief motion; Ross appealed the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of constitutional challenge to statute | Ross vouches the statute is unconstitutional and should be declared invalid. | Ross waived the claim by not raising it before pleading guilty. | Constitutional challenge waived; merits not reached. |
Key Cases Cited
- Feldhaus v. State, 311 S.W.3d 802 (Mo. banc 2010) (waiver of non-jurisdictional constitutional challenges when raised post-plea)
- Williams v. Kimes, 949 S.W.2d 899 (Mo. banc 1997) (exclusive appellate jurisdiction when challenging statute validity)
- Roberts v. State, 276 S.W.3d 833 (Mo. banc 2009) (standard for clearly erroneous factual findings in Rule 24.035 appeals)