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Shearin v. State

Court of Appeals of Missouri, Southern District, First Division

September 4, 2014

PAUL SHEARIN, Appellant,
v.
STATE OF MISSOURI, Respondent

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.

OPINION

Page 587

WILLIAM W. FRANCIS, JR.

Paul Shearin (" Shearin" ) appeals from the motion court's dismissal of his Rule 24.035[1] 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 ...


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