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State v. Elliott

Court of Appeals of Missouri, Western District, First Division

December 9, 2014

STATE OF MISSOURI, Respondent
v.
CHAUNCEY LEE ELLIOTT, Appellant

Appeal from the Circuit Court of Saline County, Missouri. Honorable Dennis Allen Rolf, Judge.

Chauncey Lee Elliott, Appellant Acting Pro se, Bowling Green, MO.

Adam Rowley, Jefferson City, MO, for Respondent.

Before: Thomas H. Newton, P.J., Lisa White Hardwick, and Anthony Rex Gabbert, JJ. Hardwick and Gabbert, JJ. concur.

OPINION

Page 437

Thomas H. Newton, Presiding Judge

Mr. Chauncey Lee Elliott appeals the denial of a post-conviction relief motion. Mr. Elliott pled guilty to first-degree child molestation. We reverse and remand.

Factual and Procedural Background

On February 26, 2007, Mr. Elliott pled guilty to first-degree child molestation, a class B felony, as defined by 566.067,[1] in the circuit court. At the plea hearing, Mr. Elliott indicated that he had plenty of time to discuss his case with plea counsel, that she had told him all " the facts and circumstances surrounding [his] case," and that plea counsel had explained the charges and reviewed the evidence with him. Regarding

Page 438

plea counsel's representation, the sentencing judge inquired:

Q: Has she done everything you asked her to do?
A: She has.
Q: Did she do anything you told her ...

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