Court of Appeals of Missouri, Western District, Second Division
Appeal from the Circuit Court of Jackson County, Missouri. The Honorable John M. Torrence, Judge.
For Appellant: Chris Koster, Attorney General, Jennifer A. Rodewald, Assistant Attorney General, Jefferson City, MO.
For Respondent: Susan L. Hogan, Appellate Defender, Kansas City, MO.
Karen King Mitchell, Judge. Anthony Rex Gabbert, Presiding Judge, and Joseph M. Ellis, Judge, concur.
Karen King Mitchell, Judge.
The State of Missouri brings this interlocutory appeal, challenging the trial court's dismissal of Counts II-VI of the indictment against Ozie Banks. The trial court determined that, under the terms of a prior plea agreement between the State and Banks, the State was precluded from pursuing Counts II-IX in accordance with its previous promise " not to file any other cases for which Mr. Banks may have been a suspect in this series of offenses."  Because the court's finding that Counts II-VI came within the terms of the prior plea agreement was supported by the evidence, the court did not err in determining that the State was precluded from filing the charges. We affirm.
Factual and Procedural Background
On April 25, 1991, Banks entered a plea agreement with the State on charges arising
from three separate cases. In CR90-2503, Banks pled guilty to rape and armed criminal action in exchange for consecutive ten-year prison sentences on each count. In CR91-2085, Banks pled guilty to first-degree attempted burglary, and in CR91-2086, he pled guilty to second-degree burglary. In exchange for these pleas, Banks was sentenced to three-year terms for each burglary count, to run concurrently with each other and the sentences in CR90-2503. All three of the cases involved crimes that occurred in the Westport area of Kansas City during 1990.
At the 1991 plea hearing, the prosecutor informed the court that Banks had been a suspect in two other rape cases for which the State had declined to file charges as a result of the plea agreement. The prosecutor then stated:
Additionally, the State promises not to file any other cases for which Mr. Banks may have been a suspect in this series of offenses. The State has been provided with only two police files regarding additional cases. So for the record, I will state that as a result of the plea today the State will decline charges in the police file number 90-007936 and 90-035634. Should there be any other cases brought to our attention, again, pursuant to this series of offenses, they will not be filed upon by our office as a result of this plea bargain.
The court accepted the pleas after Banks said he understood the terms of the agreement and agreed that entering ...