Gooch v. State, No. 29981 (Mo. App. 5/06/2010)
| Decision Date | 06 May 2010 |
| Docket Number | No. 29981.,29981. |
| Parties | DALE WAYNE GOOCH, Appellant, v. STATE OF MISSOURI, Respondent. |
| Court | Missouri Court of Appeals |
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v.
STATE OF MISSOURI, Respondent.
Appeal from the Circuit Court of New Madrid County, Missouri, Honorable Paul McGhee, Special Judge.
Alexa I. Pearson, Appellant's attorney.
Chris Koster & Mary H. Moore, Respondent's attorneys.
ROBERT S. BARNEY, Judge.
Dale Wayne Gooch ("Movant") appeals the motion court's denial following an evidentiary hearing of his postconviction motion filed pursuant to Rule 24.035.1 In his sole point relied on, he argues he received ineffective assistance of counsel because his two attorneys "unreasonably failed to move the trial court for a mental examination to determine if [he] was competent to
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proceed . . . ."2 We affirm the judgment and findings of the motion court.
Movant was charged by "Information in a Felony Case" with three counts of the unclassified felony of statutory sodomy in the first degree, violations of section 566.062, Cum. Supp. 2006. On February 26, 2008, Movant appeared before the plea court and pled guilty pursuant to a plea agreement which provided that "he could plead guilty to any of the three counts" charged in exchange for the State recommending his sentence be "cap[ped]" at twenty-five years. Movant pled guilty to Count I of the Information which charged that he "had deviate sexual intercourse with [the victim], who was then less than twelve years old, by touching his penis to her genitals." Following this hearing, it was determined by the plea court that Movant pled guilty to the wrong count and that he intended, in fact, to plead guilty to Count III, which asserted he "had deviate sexual intercourse with [the victim], who was then less than twelve years old, by placing her hand on his penis."
As a result, the plea court held another hearing on March 25, 2008, at which Movant appeared with counsel, Reginald Williby ("Attorney Williby"), and he was allowed to withdraw his guilty plea to Count I and enter a guilty plea to Count III. Movant informed the trial court of his intention to plead guilty to Count III; that he had consulted his attorney about pleading guilty; that he understood the range of punishment he was facing for that crime; that he was waiving his right to trial as well as other rights; that he was waiving his right to testify on his own behalf; that he understood the terms of the plea agreement
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with the State; and that he was satisfied with his counsel's representation of his interests. He then informed the plea court that he desired to plead guilty to Count III because he was "in fact guilty of this crime." The plea court then found Movant's plea "has been made freely and voluntarily and with a full understanding of the rights and of the consequences of that plea." The plea court then accepted Movant's plea and ordered a presentence investigation report.
At the sentencing hearing on May 13, 2008, the State reiterated that it was recommending a cap of twenty-five years on Movant's sentence as well as recommending Movant serve the full twenty-five years. The State then took issue "with the [presentence investigation report's finding] that [Movant] was at low-risk to re-offend, for the simple fact that he admitted to doing this more than 10 times and admitted to being aroused by a six-year-old child . . . ." Movant's counsel then admitted Movant's conduct toward the victim was "both heinous and appalling," however, he believed Movant should be sentenced to ten years imprisonment and asked the sentencing court to "take into consideration that [Movant] is disabled, and he'll be going into a very vicious environment . . . ." Having fully reviewed the presentence investigation report, the sentencing court sentenced Movant to twenty-five years in the Missouri Department of Corrections and dismissed Counts I and II which were still pending against him. Following pronouncement of the sentence, Movant informed the sentencing court he was satisfied with his representation by
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Attorney Williby as well as his previous counsel, Derrick Williams ("Attorney Williams").
On June 18, 2008, Movant filed a pro se "Motion to Vacate, Set Aside or Correct the Judgment or Sentence" pursuant to Rule 24.035. The motion court appointed counsel to represent Movant and on December 12, 2008, an amended Rule 24.035 motion was filed.
An evidentiary hearing on this motion was held on July 17, 2009. Movant testified at the hearing that he has suffered from spina bifida since birth and that both of his attorneys had been made aware of his condition. He testified that spina bifida is a physical condition where the area between your spine and your brain "doesn't close off . . . ." He related his spina bifida affects his ability to understand and he has "slow learning disabilities and there's certain things . . . that [he] can't comprehend . . . like most people can." He stated he remembered discussing the possibility of his having a mental evaluation with both Attorney Williby and Attorney Williams, but it was never done and he was unsure why they did not request one. He stated that when the charges and the plea agreement were explained to him he "didn't completely understand them . . . ." With that being said, he admitted he understood "that there were three separate counts;" that "the State was willing to dismiss two of them in exchange for a plea on the third;" that he understood "the range of punishment on each count was ten years to life . . .;" and that he knew probation or "120 days shock" incarceration was not an option based on the charges against him. He further admitted that his mental condition or
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health had "not changed at any time" between the present and the time of his plea.
Attorney Williams testified that Movant's parents informed him about Movant's physical and medical condition; that they also discussed his cognitive issues with him; and that he felt Movant had some "diminished mental capacity." Movant's parents told Attorney Williams that Movant had difficulty in school especially in the 8th or 9th grade such that they removed him from school because he was not progressing with his grade level. He related that he was aware Movant had a "shunt" to help him deal with fluid in his spinal column and that he was aware that spina bifida can cause some cognitive impairment; however, he related no significant cognitive impairments manifested themselves in his conversations with Movant. He stated that...
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