Court of Appeals of Missouri, Western District, First Division
JASON D. GENERAUX, Appellant,
STATE OF MISSOURI, Respondent
APPEAL FROM THE CIRCUIT COURT OF BUCHANAN COUNTY. THE HONORABLE KEITH B. MARQUART, JUDGE.
Gregory L. Barnes, Jefferson City, MO for respondent, for appellant.
S. Kate Webber, Kansas City, MO for appellant, for respondent.
BEFORE DIVISION ONE: THOMAS H. NEWTON, PRESIDING JUDGE, LISA WHITE HARDWICK AND ANTHONY REX GABBERT, JUDGES. ALL CONCUR.
Lisa White Hardwick, Judge.
Jason Generaux appeals the circuit court's denial of his Rule 24.035 motion, following his guilty plea to a felony charge of criminal nonsupport. Generaux argues that his guilty plea was entered unknowingly and involuntarily because the State failed to establish that his child support arrearages accrued within the applicable three-year statute of limitations. Because we find that a sufficient factual basis existed to support Generaux's guilty plea, we affirm the denial of post-conviction relief.
Factual and Procedural History
The State charged Jason Generaux with criminal nonsupport, " in that during the month of September 2009... [he] knowingly failed to provide, without good cause, adequate food, clothing, lodging and medical attention," for A.G., his minor son. § 568.040, RSMo (Cum. Supp. 2009). The State further alleged that Generaux's crime was elevated to a class D felony because the total arrearage was " in excess of an aggregate of twelve monthly payments due under the order." § 568.040.5.
Generaux agreed to plead guilty to the charged offense. During the plea proceeding, the court read the charge and Generaux responded that he understood the
charge. In further response to the court's questioning, Generaux admitted that during September 2009: (1) he knew that A.G. was his biological, minor son; (2) he was aware of an existing court order requiring him to support A.G.; and (3) he failed to provide adequate food, clothing, lodging and medical attention for A.G. The court then asked Generaux whether the arrearage was greater than twelve monthly payments due under the order. Generaux stated, " I think there's 12, but not -- maybe not all in a row, but I think there was 12 payments that was missed together." Generaux's attorney provided the court with an estimated arrearage amount of $15,687.85, which the court noted exceeded twelve times Generaux's monthly support obligation of $488.00 " by quite a bit."
The court asked Generaux if there were any reasons why he had not made the required monthly payments. Generaux replied that he had been unemployed and was incarcerated for a period of time. The court informed Generaux that both unemployment and incarceration could be a defense to the charge and that if he pleaded guilty, he would not get the opportunity to present his defense at trial. Generaux responded, " I'm coherent to what you're saying. I just want to go ahead and get this over with. I'm going to plead guilty, and I feel that I am guilty, just to get this over with so I can just move on." Generaux's attorney further stated, " Mr. Generaux and I had a discussion about the possible defenses, specifically good cause defenses, but all the defenses to the charge... and it was my understanding that Mr. Generaux wanted to waive any defense that he might have."
The court found that Generaux knowingly, voluntarily, and intelligently waived his right to trial as well as the rights he would have at trial. The court further found that there was an adequate factual basis for Generaux's guilty plea and accepted the plea. The court suspended the imposition of Generaux's sentence and placed him on probation for four years. After Generaux violated the probation ...