Court of Appeals of Missouri, Western District, Second Division
FROM THE CIRCUIT COURT OF BUCHANAN COUNTY, MISSOURI THE
HONORABLE PATRICK K. ROBB, JUDGE
Before: Edward R. Ardini, Jr., Presiding Judge, Gary D. Witt,
Judge and Thomas N. Chapman, Judge
R. ARDINI, JR., JUDGE
Doolin appeals the denial of his Rule 29.07(d) motion to
withdraw his guilty plea by the Circuit Court of Buchanan
County. Doolin claims that his guilty plea to sexual
misconduct in the first degree was induced by plea
counsel's assurance that he would never be required to
register as a sex offender. He argues that this advice was
erroneous and resulted in manifest injustice. We affirm.
and Procedural Background
was charged with the class C felony of possession of a
controlled substance (Xanax) and the class B misdemeanor of
sexual misconduct in the first degree. Doolin entered
open guilty pleas to both offenses on September 5, 2014.
plea hearing, Doolin admitted that while trying on clothes at
a Goodwill store, he began disrobing and exposed his genitals
to a store employee. Doolin was ejected from the store and
went across the street to a shopping mall where he was
subsequently arrested. A search of his backpack incident to
his arrest revealed Xanax pills, for which Doolin did not
have a prescription.
discussion ensued over whether his plea to sexual misconduct
in the first degree would require registration as a sex
[Doolin:] This is not a registerable offense; is that
[The Court:] I do not believe it is. . . . [Assistant
Prosecutor], you're probably more of an expert on it than
[Assistant Prosecutor:] It's not.
[The Court:] That's what I thought, but I just- . . . I
assume that's what [plea counsel] has advised?
[Doolin:] Yes, sir.
Court:] That's my understanding, too. The court accepted
Doolin's guilty pleas. On November 10, 2014, a sentencing
hearing was held. At the hearing, Doolin's plea counsel
identified to the court two errors in the sentencing
assessment report (SAR). First, the SAR incorrectly stated
that the sexual misconduct charge to which Doolin pleaded
guilty was a class D felony when, in fact, it was a class B
misdemeanor. The SAR also stated that Doolin "shall
comply with the state sex offender registration laws[.]"
Plea counsel explained to the court that no registration was
required, and the court made the change to the SAR:
[PLEA COUNSEL:] It is our understanding and it's been our
understanding through the entire pendency of this case that
the Class B misdemeanor that he's charged with is not a
registrable offense. Our paralegal researched it.
[Doolin's former attorney] researched it. I researched
And we all came to the same conclusion that this did not have
any sexual acts or anything like that so that he would not
have to register on this offense.
THE COURT: Okay. Well, I haven't looked at the statute.
I'll just take your word for it and we'll . . . mark
it as such.
then sought clarification that he would not have to register
as a sex offender:
THE DEFENDANT: I just want that to be 100 percent that-you
know, if the statute is that; otherwise-I mean, I would hate
to be, you know-
[PLEA COUNSEL:] He wanted to be assured before he pled guilty
that that was true.
THE COURT: Well, it sounds like your counsel assured you. I