State v. Hopkins
2014 Mo. App. LEXIS 247
| Mo. Ct. App. | 2014Background
- Nelson E. Hopkins pled guilty to two counts of second-degree robbery after brandishing a gun in a Domino’s and fleeing; plea accepted Feb 9, 2012.
- Because he was a prior and persistent offender, statutory exposure was 5 years to 30 years or life; plea agreement included the State’s recommendation of concurrent 20-year terms.
- At sentencing Hopkins presented mitigating evidence (background, PTSD, military service, community work); defense requested probation or veteran’s court monitoring.
- The court announced two concurrent 20-year sentences; Hopkins attempted to allocute after the sentence was pronounced but the court declined further allocution.
- Hopkins filed a timely direct appeal raising four claims all centered on denial of allocution; the court stayed Hopkins’s Rule 24.035 post-conviction proceeding pending the appeal.
- The court dismissed the direct appeal for lack of jurisdiction because Hopkins’s guilty plea waived non-jurisdictional claims related to sentencing, which must be raised in a Rule 24.035 post-conviction motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether allocution required under Rule 29.07(b)(1) and denial is per se prejudicial | Hopkins: allocution is mandatory before sentence; denial requires resentencing | State: plea waived direct appeal of sentencing errors; only jurisdictional or charging-document defects are appealable | Court: Dismissed appeal for lack of jurisdiction; such claims must be raised in Rule 24.035 post-conviction motion |
| Whether due process / Sixth and Fourteenth Amendments guarantee allocution on request | Hopkins: constitutional right to allocute when specifically requested | State: guilty plea waives most non-jurisdictional claims; sentencing complaints go to post-conviction process | Court: Declined to reach merits; appeal dismissed as barred by guilty plea waiver |
| Whether statutory due process to present mitigating evidence includes personal allocution at sentencing | Hopkins: denial to personally address court is an abuse of discretion requiring resentencing | State: sentencing-related errors cognizable only in Rule 24.035 after guilty plea | Court: Dismissed appeal for lack of jurisdiction; remedy is Rule 24.035 |
| Whether Missouri Constitution Article I, §18(a) guarantees right to personally address court at sentencing and error is not harmless | Hopkins: personal appearance/right to defend includes allocution; denial cannot be harmless when max recommended was imposed | State: guilty plea bars direct challenge to sentencing procedures | Court: Appeal dismissed; court did not decide substantive constitutional claim and noted procedural posture controls |
Key Cases Cited
- State v. Larson, 79 S.W.3d 891 (Mo. banc 2002) (no right to appeal without statutory authority)
- State v. Williams, 871 S.W.2d 450 (Mo. banc 1994) (sentence entry constitutes final judgment)
- Garris v. State, 389 S.W.3d 648 (Mo. banc 2012) (guilty plea waives nonjurisdictional defects)
- Cooper v. State, 356 S.W.3d 148 (Mo. banc 2011) (guilty plea admits guilt and consents to conviction)
- State v. Craig, 287 S.W.3d 676 (Mo. banc 2009) (direct-appeal review after guilty plea limited)
- State v. Onate, 398 S.W.3d 102 (Mo.App.W.D.2013) (post-plea appeals limited to jurisdiction and charging sufficiency)
- State v. Klaus, 91 S.W.3d 706 (Mo.App.E.D.2002) (challenges to legality of sentence to be raised in Rule 24.035)
- Taylor v. State, 392 S.W.3d 477 (Mo.App.W.D.2012) (sentencing claims after guilty plea cognizable in Rule 24.035)
- McKelvey v. State, 303 S.W.3d 612 (Mo.App.S.D.2010) (discussed limits of direct appeal after plea; dicta on direct appeal scope)
- Bain v. State, 59 S.W.3d 625 (Mo.App.E.D.2001) (procedural history involving jury verdict, resentencing, and post-conviction review)