Not Final until expiration of the rehearing period. See MO R RCP Rule 84.16 regarding unpublished opinions.
Appeal from the Circuit Court of Jackson County, Missouri. The Honorable Sandra C. Midkiff, Judge.
For Respondent: Daniel J. Ross and Clayton E. Gillette, Kansas City, MO.
For Appellant: Chris Koster, Attorney General, Shaun J. Mackelprang and Gabriel E. Harris, Assistant Attorneys General, Jefferson City, MO.
Before Division III: Mark D. Pfeiffer, Presiding Judge, and Gary D. Witt and Anthony Rex Gabbert, Judges. Gary D. Witt and Anthony Rex Gabbert, Judges, concur.
Mark D. Pfeiffer, Judge.
The State of Missouri appeals the Judgment of the Circuit Court of Jackson County, Missouri (" motion court" ), granting Matthew Hendrix's (" Hendrix" ) amended Rule 24.035 motion for post-conviction relief, setting aside the judgment accepting the plea, and vacating the sentence imposed therein. The State argues that the motion court clearly erred in granting Hendrix's amended motion for post-conviction relief on the grounds that plea counsel was ineffective for failing to investigate a possible mental disease or defect defense. Because Hendrix presented no evidence at the Rule 24.035 evidentiary hearing as to what the results of the additional investigation he claims should have been done would have demonstrated, he has failed to meet the prejudice prong of the Strickland  test. Thus, we reverse.
Factual and Procedural History
Hendrix was charged by the State with one count of murder in the second degree, one count of armed criminal action, and one count of burglary in the first degree. In exchange for his guilty plea, the State agreed to recommend a maximum sentence of twenty-five years for murder in the second degree, a maximum sentence of fifteen years for armed criminal action, and fifteen years for burglary in the first degree, with all sentences running concurrently.
Hendrix entered a guilty plea. At the guilty plea hearing, the plea court reviewed the range of charges with Hendrix, which for murder in the second degree was ten to thirty years or life in prison; for armed criminal action was a minimum of three years with no upper limit; and for burglary in the first degree was five to fifteen years. Hendrix indicated that he understood the ranges of punishment. Hendrix stated that he was eighteen years old; had obtained his GED; and could read, write, and understand English. At the time of the plea, Hendrix had not had any drugs, alcohol, or any prescription medication in the last two days.
Hendrix informed the plea court that he had been treated for several mental illnesses or mental conditions, including bipolar disorder, major depressive syndrome, oppositional and defiance disorder, and anxiety disorder. He thought he had been diagnosed with bipolar disorder when he was about five, and " over the years" he had been in " a ...