Court of Appeals of Missouri, Southern District, Second Division
JAMES W. WIKLUND, Movant-Appellant,
STATE OF MISSOURI, Respondent-Respondent.
FROM THE CIRCUIT COURT OF TANEY COUNTY Honorable Tony W.
WILLIAM W. FRANCIS, JR., P.J.
W. Wiklund ("Wiklund"), appeals from a judgment of
the motion court denying his amended Rule 29.15 motion to set
aside his convictions of first-degree burglary, first-degree
assault, first-degree robbery, armed criminal action, two
counts of kidnapping, and tampering with a motor vehicle.
Because the motion court's decision to deny relief after
an evidentiary hearing was not clearly erroneous, we affirm.
and Procedural Background
evening of December 28, 2012, Wiklund, and an accomplice,
accosted victims in their home. After assaulting one of the
victims, and holding the other at knife point, Wiklund and
his accomplice stole a vehicle, cash, firearms, jewelry,
collector's items, and debit cards with personal
a jury trial, the jury found Wiklund guilty of first-degree
burglary, first-degree assault, first-degree robbery, armed
criminal action, two counts of kidnapping, and first-degree
tampering with a motor vehicle. The trial court sentenced
Wiklund-as a prior and persistent offender-to a term of 30
years in prison for each count of burglary, assault, robbery,
and both counts of kidnapping. The trial court also sentenced
Wiklund to 3 years for armed criminal action, and 10 years
for tampering with a motor vehicle. The sentences totaled 163
years, to be served consecutively.
appealed his convictions, and this Court issued its mandate
affirming the judgment of the trial court on February 9,
2016. State v. Wiklund, SD33803.
20, 2016, Wiklund timely filed a Rule 29.15 amended
motion. He asserted, in relevant part, that trial
counsel was ineffective in "her handling of plea
negotiations" in that she failed to directly communicate
Wiklund's acceptance of the State's plea offer to the
prosecutor before the State withdrew its offer. Specifically,
Wiklund asserted that the State's plea offer "called
for an open plea to all counts except count 8 which was to be
dismissed but that all counts would run concurrently."
August 11, 2017, the motion court held an evidentiary
hearing. Trial counsel and Wiklund testified.
counsel testified that initially the State's offer was
"life . . . 30 years[, ]"or "one life sentence
concurrently" due to the many counts. She attempted to
negotiate at that time, but the State was firm. She last
talked to the prosecutor on the Wednesday before trial, and
the offer was still the same. The prosecutor told her to
"let [him] know by the end of the week, otherwise, the
offer [was] completely off the table."
counsel was unable to talk to Wiklund on Thursday due to
court obligations in another county. She stated that early
Friday morning, before 8:00 a.m., she went to the jail and
talked to Wiklund about the offer and that "[a]fter
talking it over, [they] had decided that it would be in his
best interest to take the offer." At approximately 8:00
a.m., she went to the prosecutor's office to communicate
the acceptance of the offer, but the prosecutor was not
there. She then communicated the acceptance to someone at the
front desk, and then "scurried back to [her] office
where [her] laptop and cell phone were, and [she] relayed to
[the prosecutor] by e-mail [their] acceptance." Her
e-mail was sent "a little after 9:00 a.m." She
testified she "received a message back from the State
saying that the offer was off the table," and the
parties proceeded to trial.
counsel testified they "always had the same offer,"
that "the offer had always been on the table[, ]"
and just the "acceptance was pending" the days
before trial. She stated that she and Wiklund had
"discussed [the offer] in the past, though [she] could
not tell . . . specific dates."
testified that trial counsel met with him on the Friday
morning before trial and relayed the State's final offer.
He stated he was in the jail when he accepted the offer that
Friday morning, and that it was about 8:00 a.m. Wiklund
testified that he was told on Saturday that the State had
taken the plea offer off the table.
September 29, 2017, the motion court denied Wiklund's
motion. In relevant part, the motion court found that trial
counsel received the State's offer of "concurrent
time," that she timely conveyed it to Wiklund, and that
"the offer was subsequently pulled by the prosecuting
attorney's office prior to acceptance by that office, but
after [Wiklund's] acceptance." The motion court
denied Wiklund's motion finding that Wiklund was
"unable to show prejudice to himself or the result he
received in this case." The motion court observed that
"Missouri law is clear that the State has the discretion
to withdraw a plea offer, even an accepted plea
offer, at ...