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Wilson v. State

Court of Appeals of Missouri, Eastern District, Fourth Division

February 26, 2019

JEREMIAH WILSON, Appellant,
v.
STATE OF MISSOURI, Respondent.

          Appeal from the Circuit Court of St. Louis County Honorable John D. Warner, Jr.

          KURT S. ODENWALD, Presiding Judge.

         Introduction

         Jeremiah Wilson ("Wilson") appeals the motion court's denial of his motion to vacate, set aside or correct his sentence pursuant to Rule 24.035[1] without an evidentiary hearing. In his sole point on appeal, Wilson contends that the motion court clearly erred in denying his Rule 24.035 motion without an evidentiary hearing because plea counsel inaccurately advised him that he would receive credit for prison time he served in Illinois during the pendency of his case. Because the record conclusively refutes Wilson's allegation of prejudice, we affirm.

         Factual and Procedural History

         On January 9, 2014, Wilson pleaded guilty to the charge of theft in Illinois. The Illinois sentencing court sentenced Wilson to three years in prison. While Wilson was serving time in Illinois for the Illinois theft charge, the State of Missouri charged Wilson with first-degree robbery for an incident occurring during June 2013. On August 25, 2016, Wilson pleaded guilty to the charged offense not pursuant to any recommendation from the State.[2]

         At the plea hearing, the State outlined its evidence against Wilson: Wilson, acting with another, forcibly stole $41, 435.00 in merchandise at gunpoint from an AT&T store and fled the scene in a gray SUV. Law enforcement later found the gray SUV, which contained DNA and fingerprint evidence linking Wilson to the vehicle, Wilson confirmed the truth of these allegations and admitted to participating in the robbery. The State outlined the range of punishment as ten years to thirty years or life in prison. Wilson confirmed that he understood the range of punishment.

         Wilson further assured the court that he also understood the nature of his blind guilty plea. Wilson stated that he had sufficient time to speak with plea counsel, plea counsel advised him of the consequences of his blind guilty plea, and plea counsel adequately investigated his case. Wilson had no general complaints or criticisms of plea counsel's services. Additionally, Wilson said that no one made him any promises about the outcome of the plea and that no one told him how long he would be confined or have to serve as a result. Specifically:

COURT: Has anybody made any promises to you about the outcome of your plea of guilty, other than I will make the decision as to what your sentence will be?
WILSON: No, sir.
COURT: Has your attorney or anyone else told you how long you will be confined or have to serve in the penitentiary, if the Court accepts your plea of guilty and imposes a sentence of confinement?
WILSON: No, sir.

         The plea court subsequently accepted Wilson's guilty plea and scheduled the sentencing hearing.

         At the sentencing hearing, the sentencing court acknowledged reviewing letters written by Wilson's family members. Upon sentencing Wilson to twenty years in prison, the sentencing court affirmatively stated that Wilson would receive "credit for time served on [his] Illinois case . .. and [his] time will be run concurrent with any sentence [he has] in Illinois." The written sentence entered by the sentencing court stated that Wilson's sentence was twenty years, "to be served concurrent with credit for time served" with 13CF1626 (the Illinois conviction). Subsequently, the sentencing court inquired about Wilson's satisfaction with plea counsel:[3]

COURT: One final series of questions: Did [plea counsel], your attorney, did he do the things you wanted him to do as far as looking into your case, preparing it, and putting it in the best ...

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