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Thompson v. State

Court of Appeals of Missouri, Western District, First Division

September 9, 2014

TYREESE R. THOMPSON, Appellant,
v.
STATE OF MISSOURI, Respondent

Page 54

Appeal fro the Circuit Court of Buchanan County, Missouri. The Honorable Patrick K. Robb, Judge.

For Appellant: Damien de Loyola, Assistant Appellate Defender, Kansas City, MO.

For Respondent: Chris Koster, Attorney General, Daniel N. McPherson, Assistant Attorney General, Jefferson City, MO.

Karen King Mitchell, Judge. Mark D. Pfeiffer, Presiding Judge, and Lisa White Hardwick, Judge, concur.

OPINION

Page 55

Karen King Mitchell, Judge.

Tyreese Thompson appeals the denial, without an evidentiary hearing, of his Rule 24.035[1] motion for post-conviction relief. Thompson claims that his plea counsel provided ineffective assistance by failing to investigate and seek to suppress evidence discovered as a result of Thompson's allegedly illegal seizure. Thompson further claims that counsel also failed to advise Thompson of the possibility of suppression; thus, Thompson's plea was rendered involuntary and unknowing. The State argues that Thompson waived his claims when Thompson entered a voluntary and knowing guilty plea. We affirm.

Factual Background

On May 6, 2011, Thompson was riding in a maroon GMC Sonoma driven by Caci Clizer and owned by Clizer's father. They stopped at Speedy's Convenience Store in St. Joseph, Missouri, so that Thompson could purchase some soda. Clizer parked the car facing the store, so that the only manner of egress was to put the car in reverse. After Thompson exited the store, Clizer asked him to drive. At the same time, law enforcement officers Zack Craft and Brett Coy were dispatched to Speedy's to investigate a possible drunk driver. An unidentified caller had advised that a woman driving a maroon GMC Sonoma may be intoxicated and could be found at Speedy's. After Thompson sat in the driver's seat and prepared to start the

Page 56

car, he noticed a police cruiser with its emergency lights on parked behind him, blocking his exit. An officer approached the driver's side of the vehicle and asked for Thompson's license and registration. Thompson advised the officer that his license was suspended.

The officer then had Thompson move to the passenger seat and had Clizer exit the vehicle in order to perform a field sobriety test, which she ultimately passed, suggesting that she was not intoxicated. The officer then sought and received permission from Clizer to search the vehicle. The officer found both marijuana and a large amount of currency in the car, and both Thompson and Clizer were arrested.

Thompson was later charged with the class B felony of possession of a controlled substance (specifically more than five grams of marijuana) with intent to distribute, in violation of section 195.211.[2] Thompson entered a plea agreement with the State whereby, in exchange for Thompson's guilty pleas to the charge arising from the search described above and two other drug charges arising from a separate case,[3] the State agreed not to seek enhancement based upon Thompson's prior ...


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