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Wright v. State

Court of Appeals of Missouri, Western District, First Division

December 23, 2014

BOBBY WRIGHT, Appellant,
v.
STATE OF MISSOURI, Respondent

Appeal from the Circuit Court of Pettis County, Missouri. The Honorable Robert Lawrence Koffman, Judge.

Adam Stephen Rowley, Jefferson City, MO, Counsel for Respondent.

Daniel L. Viers, Columbia, MO, Counsel for Appellant.

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

OPINION

Anthony Rex Gabbert, Judge.

Page 235

Bobby Wright appeals the denial of his Rule 24.035 motion for post-conviction relief. Wright raises two points on appeal. First, he contends that the circuit court clearly erred in denying his Rule 24.035 motion because he was denied due process

Page 236

of law and effective assistance of counsel because his defense attorney had discussions concerning employment with the Pettis County Prosecutor's Office and accepted a position as a Pettis County Assistant Prosecuting Attorney during the time Wright's criminal case was pending and prior to his sentencing, thereby creating a conflict of interest prejudicing Wright. Second, Wright contends that the circuit court clearly erred in overruling his Rule 24.035 motion because his constitutional right to be free from double jeopardy was violated when he was convicted and sentenced for both Bobby Wright appeals the denial of his Rule 24.035 motion for post-conviction relief. Wright raises two points on appeal. First, he contends that the circuit court clearly erred in denying his Rule 24.035 motion because he was denied due process of law and effective assistance of counsel because his defense attorney had discussions concerning employment with the Pettis County Prosecutor's Office and accepted a position as a Pettis County Assistant Prosecuting Attorney during the time Wright's criminal case was pending and prior to his sentencing, thereby creating a conflict of interest prejudicing Wright. Second, Wright contends that the circuit court clearly erred in overruling his Rule 24.035 motion because his constitutional right to be free from double jeopardy was violated when he was convicted and sentenced for both manufacture of a controlled substance and possession with intent to deliver the same controlled substance under Section 195.211, RSMo Cum. Supp. 2014. We affirm.

On April 5, 2011, Wright was charged in an information with one count of the class B felony of manufacture of a controlled substance based on the allegations that on or about December 1, 2010, Wright, acting together with others, manufactured more than five grams of marijuana, a controlled substance, by packaging it, knowing or consciously disregarding a substantial and unjustifiable risk that it was a controlled substance. He was also charged with one count of the class B felony of possession of a controlled substance with intent to deliver based on the allegations that on or about December 1, 2010, with the intent to distribute, deliver and sell, Wright possessed more than five grams of marijuana, a controlled substance, knowing of its presence and illegal nature.

At Wright's plea hearing on November 10, 2011, the State's factual basis for the charges included that, on December 1, 2010, the Sedalia Police Department served a search warrant on Wright's home in Sedalia. When they did, they found Wright in his kitchen at the kitchen table. On the kitchen table officers found approximately 56 grams of loose marijuana and 41 small baggies of marijuana, each containing one to three grams. After his arrest, Wright acknowledged that the marijuana was his marijuana, and that he had been packaging it into smaller packages with the assistance of others. The State indicated that officers at the scene would testify that the amount of marijuana and the manner in which it was packaged indicated that it was possessed for the purpose of delivering or selling to other people.

On or about November 10, 2011, Wright pled guilty to both counts. The State advised the court that, pursuant to a plea agreement, the State would not file prior or persistent drug offender allegations which could significantly increase the range of punishment in the case. The State asked the court to continue sentencing to January 17, 2012, per Wright's request, and indicated that the parties had agreed that on that date the State would recommend concurrent nine-year sentences. The State advised the court that, if Wright failed to appear in court as required, or if there was probable cause to believe he had committed any new offense, then he would be subject to the full range of punishment, up to 15 years on each count, and he would not be entitled to withdraw his guilty plea. The court ordered a sentencing assessment report and set sentencing for January 17, 2012. On January 17, 2012, the sentencing hearing was moved to February 1, 2012.

At the sentencing hearing on February 1, 2012, the State presented evidence that, on November 30, 2011, after Wright entered his plea on November 10, 2011, Wright was stopped for an alleged traffic violation and approximately nine individual baggies of marijuana were allegedly found in a ...


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