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Westergaard v. State

Court of Appeals of Missouri, Eastern District, Second Division

March 25, 2014

TODD C. WESTERGAARD, Movant/Appellant,
v.
STATE OF MISSOURI, Respondent/Respondent

Page 594

Appeal from the Circuit Court of St. Charles County. Honorable Nancy L. Schneider.

Gwenda R. Robinson, St. Louis, MO, For Movant/Appellant.

Todd T. Smith, Jefferson City, MO, For Respondent/Respondent.

Sherri B. Sullivan, J. Lawrence E. Mooney, P.J., and Robert G. Dowd, Jr., J., concur.

OPINION

Sherri B. Sullivan, J.

Page 595

Introduction

Todd C. Westergaard (Movant) appeals from the motion court's judgment denying, without an evidentiary hearing, his amended Motion to Vacate, Set Aside or Correct Judgment and Sentence filed pursuant to Missouri Rule of Criminal Procedure 24.035 (post-conviction motion). We affirm.

Factual and Procedural Background

On May 16, 2011, Movant pleaded guilty to one count of felony forgery and one count of felony possession of a controlled substance. The prosecutor set forth the factual basis for the pleas and the range of punishment for each offense. The court advised Movant of his trial rights and conducted an examination of Movant, which included the following:

Q. Other than the State's recommendation, has anyone, including your own attorney, promised you anything to get you to plead guilty?
A. No.
...
Q. Do you understand the maximum sentence you could receive would be fourteen years in prison and a ...

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