State v. Bryan
335 S.W.3d 1
| Mo. Ct. App. | 2010Background
- Movant Michael D. Bryan pled guilty to ten counts of second-degree statutory sodomy under a plea agreement.
- The State recommended five-year terms on each count, with counts I–V and VI–X concurrent, then consecutive to total ten years, plus a 120-day SOAU assessment; successful completion could lead to probation for five years.
- The plea court accepted the plea, suspended execution, and ordered Bryan into the 120-day SOAU as part of the bargain.
- Bryan was transferred to the DOC but his placement in the SOAU was cancelled for unknown reasons before completion.
- The Board’s general assessment later recommended denial of probation; the SOAU placement/assessment did not occur as promised.
- Bryan filed a Rule 24.035 postconviction motion alleging the plea was involuntary due to the failure to provide the SOAU placement/assessment; the motion court denied relief, and Bryan appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of plea agreement regarding SOAU placement and assessment. | Bryan argues the State promised SOAU placement/assessment. | State contends no breach or impact on voluntariness. | Movant entitled to withdraw plea; remanded for withdrawal opportunity. |
Key Cases Cited
- Reed v. State, 114 S.W.3d 871 (Mo.App.2003) (breach where defendant could not complete program promised in plea)
- Green v. State, 32 S.W.3d 208 (Mo.App.2000) (remand for withdrawal when program promised was not entered)
- Eckhoff v. State, 201 S.W.3d 52 (Mo.App.2006) (plea promises binding; breach permits relief)
- Conley v. State, 301 S.W.3d 84 (Mo.App.2010) (plea agreement binding; breach triggers return to pre-bargain status)