Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

06/14/83 LEONARD A. DONAHUE v. STATE MISSOURI

June 14, 1983

LEONARD A. DONAHUE, MOVANT-APPELLANT,
v.
STATE OF MISSOURI, RESPONDENT.



From the Circuit Court of Jackson County Criminal Appeal from Motion Under Rule 27.26 (Post Conviction Relief) Judge Julian M. Levitt.

Motion for Rehearing Overruled, Transfer Denied August 2, 1983. Application Denied September 20, 1983.

Before Lowenstein, P.j., Wasserstrom, Manford, JJ.

The opinion of the court was delivered by: Wasserstrom

The movant Donahue appeals from a denial of his motion for post conviction relief under Rule 27.26. We hold: (1) Donahue entered the questioned guilty plea intelligently and knowingly; (2) the state did not breach the plea bargain with movant in such a substantial respect as to require relief; and (3) if there was a breach by the state, any such breach was waived by Donahue.

In June 1978 Donahue was convicted by a jury in case CR78-0331 and was sentenced by Judge Bondurant to 10 years imprisonment. Thereafter in October 1978 Donahue was found guilty by a jury in case CR77-1486 and was sentenced by Judge Mason to 25 years on one count, 5 years on a second count and 5 years on a third count, all those sentences to run concurrently and all to run concurrently with the sentence which had been entered by Judge Bondurant in case CR78-0331.

The conviction in CR78-0331 was appealed and reversed. In December 1979 the case came before Judge Levitt on remand, and Donahue pleaded guilty. Pursuant to plea bargain, Judge Levitt entered sentence of 7 years which was to run concurrently with the sentence in CR77-1486. At the time of that proceeding before Judge Levitt, the following questions were asked of Donahue and the following answers given:

"Q Now, do you understand what the plea bargain arrangement is in this case?

A Yes, sir.

Q Would you state that?

A Seven years.

Q You understand that the state is going to recommend a sentence of seven years?

A Yes, sir.

Q And it is to run concurrent with case No. CR77-1486?

A Yes, sir.

Q That's the case on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.