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Long v. State

Court of Appeals of Missouri, Eastern District, First Division

June 24, 2014

RICHARD LONG, Appellant,
v.
STATE OF MISSOURI, Respondent

Appeal from the Circuit Court of St. Louis County. 12SL-CC01520. Honorable Robert S. Cohen.

For Appellant: Maleaner Harvey, Assistant Public Defender, Saint Louis, Missouri.

For Respondent: Chris Koster, Richard A. Starnes, Attorney General, Assistant Attorney General, Jefferson City, Missouri.

Roy L. Richter, P.J. and Clifford H. Ahrens, J., concur.

OPINION

GLENN A. NORTON, Judge.

Page 155

Richard Long appeals the judgment denying his Rule 24.035[1] motion for post-conviction relief without an evidentiary hearing. We affirm.

I. BACKGROUND

Long was charged with one count of second-degree drug trafficking (" Count I" ) and five counts of unlawful possession of a firearm (" Counts II-VI" ) following the execution of a search warrant based on probable cause to believe crack cocaine was located at Long's residence. The application for the search warrant included an

Page 156

affidavit in which Detective Brett Farnam informed the court, in relevant part, that during a response to a call to check the welfare of an individual present at the premises, " the occupant of the house, Richard Long . .., was arrested on an outstanding felony warrant for [f]elonious [r]estraint . . .." [2] Long entered into a plea agreement with the State pursuant to which Long agreed to plead guilty to all charges in exchange for the State's recommendation that Long be sentenced to seven years' imprisonment on each count, with the sentences to be served concurrently.

At the plea hearing, the State set out a factual basis for the charges against Long. As to Count III, the State indicated that the evidence would prove beyond a reasonable doubt that Long, a convicted felon, " committed the Class C felony of unlawful possession of a firearm . .., a Jennings .22 caliber firearm." With regards to Count IV, the State would prove that Long committed the Class C felony of unlawful possession of a firearm when Long " knowingly possessed a Jennings .22 firearm." Long indicated that he accepted responsibility for the allegations made by the State, and the plea court accepted Long's pleas. Long was sentenced to a total of seven years' imprisonment in accordance with the plea agreement.

Thereafter, Long filed a Rule 24.035 motion for post-conviction relief and counsel was appointed pursuant to Rule 24.035(e). Counsel filed an amended motion for post-conviction relief alleging: (1) there was an insufficient factual basis to support Long's plea of guilty to Counts III and IV for unlawful possession of a firearm because one of the recovered .22 caliber Jennings firearms was nonfunctioning and inoperable when seized from Long's residence; (2) plea counsel was ineffective for failing to challenge the search warrant on the ground that Detective Farnam's affidavit contained deliberately false information; and (3) plea counsel was ineffective for pressuring him to ...


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