Section 31.38 Motions to Withdraw Guilty Plea

LibraryCriminal Practice 2012 Supp

B. (§31.38) Motions to Withdraw Guilty Plea

The theory applied by the courts regarding pleas is that the entry of a guilty plea represents a “break in the chain of events which has preceded it in the criminal process.” Tollett v. Henderson, 411 U.S. 258, 267 (1973). Once a plea is entered, prior constitutional violations are only relevant insofar as they affect the voluntariness and understanding with which the plea is entered.

Rule 24.02 sets forth the specific advice that must be given to a defendant in open court before the court may accept a plea of guilty. Under Rule 24.02(c), the court must determine that a plea is made voluntarily and not as the result of force or threats or of promises apart from the plea agreement. The court cannot participate in any plea discussions, but the court may discuss the plea agreement after it has been reached with the attorneys, including any alternative that would be acceptable. Rule 24.02(d). If a plea agreement has been reached, the court shall require its disclosure on the record in open court or, on a showing of good cause, in camera. Rule 24.02(d)2. The court may accept or reject the plea agreement or may defer its decision until a pre-sentence investigation report is made. Id. If the agreement is rejected, the court must afford the defendant the opportunity to withdraw the plea. Rule 24.02(d)4.

Motions to withdraw a guilty plea are governed by Rule 29.07(d). A defendant does not have an absolute right to withdraw a guilty plea. Scroggins v. State, 859 S.W.2d 704, 706 (Mo. App. W.D. 1993). Under Rule 29.07(d), a motion to withdraw the plea may be made before sentence is imposed or when imposition of the sentence is suspended. Whether the guilty plea may be withdrawn is a matter within the sound discretion of the trial court. State v. Mandel, 837 S.W.2d 571, 573 (Mo. App. E.D. 1992). After a sentence is imposed, the court may set aside the judgment of...

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