Court of Appeals of Missouri, Eastern District, Third Division
[Copyrighted Material Omitted]
Appeal from the Circuit Court of the City of St. Louis. Honorable Michael P. David.
Jessica Hathaway, St. Louis, MO, for appellant.
Chris Roster, Daniel N. McPherson, for respondent.
Kurt S. Odenwald, Presiding Judge. Robert G. Dowd, Jr., Concurs. Gary M. Gaertner, Jr., Concurs.
Kurt S. Odenwald, Presiding Judge
Isadore Glover (" Glover" ) appeals from the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Glover pleaded guilty to three counts of burglary in the second degree, one count of attempted burglary in the second degree, two counts of felony stealing, and one count of property damage in the first degree. The trial count suspended imposition of Glover's sentence and placed him on probation for three years. After twice violating his probation, the trial court revoked probation and sentenced Glover to seven years' imprisonment for each count of burglary and stealing, four years' imprisonment for attempted burglary, and four years' imprisonment for property damage. The trial court ordered the sentences to run consecutively for a total sentence of forty-three years.
Glover subsequently filed a Rule 24.035 motion for post-conviction relief alleging that: (1) his sentence violates his right to protection from cruel and unusual punishment in that a sentence of forty-three years is grossly disproportionate to his crimes and shocks the conscience, and (2) his plea counsel was ineffective in misinforming and misleading him into believing that a sentence of forty-three years was not a realistic possibility. The motion court denied Glover's motion without an evidentiary hearing. Because the files and records of this case conclusively show that Glover is entitled to no relief, we affirm the judgment of the motion court.
Factual and Procedural History
On March 25, 2010, the State of Missouri (" State" ) charged Glover with three counts of burglary in the second degree (Counts I, III, and V), one count of attempted burglary in the second degree (Count VII), two counts of felony stealing (Counts II and IV), and one count of property damage in the first degree (Count VI). The charges involved burglaries of three unoccupied houses and one attempted burglary in the City of St. Louis. Glover was eighteen years old at the time of the crimes.
Glover appeared before the plea court on April 26, 2010, to plead guilty to the charges, Glover acknowledged that there was no plea agreement with the State and that he wanted the plea court to determine the appropriate resolution of the case. The prosecutor recited the charges against Glover and advised the court of the facts he intended to prove had the case proceeded to trial. Glover admitted to committing burglary, attempted burglary, felony stealing, and property damage as described by the prosecutor. The prosecutor then recited the ranges of punishment for each charge, which was one day to seven years' imprisonment and/or up to a $5,000 fine for Counts I through V and one day to four years' ...