Sanford v. State
2011 Mo. App. LEXIS 79
| Mo. Ct. App. | 2011Background
- Movant Joseph P. Sanford appeals the denial of his amended Rule 24.035 motion to set aside a guilty plea to driving while intoxicated (DWI).
- Movant claimed there was no factual basis for the plea because he was not asked to admit the State’s anticipated evidence and because the alleged basis was the fact of four prior alcohol-related convictions.
- The information charged DWI and Movant signed a petition to enter a guilty plea, acknowledging the charge and the facts he claimed made him guilty.
- Movant stated on the petition that he “knowingly drove a vehicle in Newton County MO w/4 prior alcohol related convictions.”
- The trial court and State provided a factual basis through the plea hearing, including testimony that Movant showed signs of intoxication and failed to provide a breath sample.
- The appellate court affirmed, holding a factual basis existed on the record, and that Rule 24.02(e) allows a factual basis to be established from the record as a whole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a factual basis for Movant’s guilty plea? | Movant contends no factual basis existed. | State asserts the record as a whole sustains a factual basis. | Yes; the record provides a sufficient factual basis. |
Key Cases Cited
- State v. Taylor, 929 S.W.2d 209 (Mo. banc 1996) (factual basis need not reflect all elements in defendant's words if record shows nature of charge)
- State v. Morton, 971 S.W.2d 335 (Mo. App. E.D. 1998) (factual basis may be established from the record as a whole)
- Bailey v. State, 191 S.W.3d 52 (Mo. App. E.D. 2005) (information charges all elements; defendant admits guilt on plea)
- Ivy v. State, 81 S.W.3d 199 (Mo. App. W.D. 2002) (record can establish the factual basis for a plea)
- Martin v. State, 187 S.W.3d 335 (Mo. App. E.D. 2006) (factual basis inquiry emphasizes record sufficiency)