Court of Appeals of Missouri, Southern District, First Division
APPEAL FROM THE CIRCUIT COURT OF SCOTT COUNTY. Honorable David A. Dolan, Circuit Judge.
For Appellant: Daniel T. Moore, of Poplar Bluff, Missouri.
For Respondent: Chris Koster, Attorney General and Gabriel E. Harris, Assistant Attorney General, of Jefferson City, Missouri.
WILLIAM W. FRANCIS, JR., C.J./P.J. - OPINION AUTHOR. JEFFREY W. BATES, J. - Concurs. DANIEL E. SCOTT, J. - Concurs.
WILLIAM W. FRANCIS, JR.
Paul Shearin (" Shearin" ) appeals from the motion court's dismissal of his Rule 24.035 motion for post-conviction relief. Because dismissal was appropriate, we affirm.
Factual and Procedural Background
Shearin was charged with the class A felony of robbery in the first degree, a violation of section 569.020. On March 22, 2007, pursuant to a plea agreement, Shearin pled guilty to that charge. The plea court sentenced Shearin to 15 years, suspended the execution of the sentence, and placed Shearin on probation for 5 years.
Thereafter, during the term of Shearin's probation, probation violation reports were filed against Shearin on July 11, 2007; December 14, 2009; November 25, 2011; and December 19, 2011. On December 5, 2011, the State filed a motion for the revocation of Shearin's probation.
On April 26, 2012, a probation violation hearing was held. Shearin personally appeared at the hearing with counsel. As indicated by the following colloquy, Shearin waived--through his counsel--the right to a formal hearing and admitted to violating probation:
THE COURT: Admitting the violation of the terms and conditions of probation in this case.
[SHEARIN'S COUNSEL]: That is correct, Your Honor. We are waiving the right to a formal hearing.
In exchange for waiving a formal hearing, Shearin--through defense counsel--requested additional time so that he could present arguments and evidence against the execution of his 15-year ...