State v. Reed, 70844
| Decision Date | 05 May 1998 |
| Docket Number | No. 70844,70844 |
| Citation | 968 S.W.2d 246 |
| Parties | STATE of Missouri, Plaintiff/Respondent, v. Macklyn REED, Defendant/Appellant. |
| Court | Missouri Court of Appeals |
Susan K. Eckles, Asst. Public Defender, St. Louis, for appellant.
Jeremiah W. (Jay) Nixon, Atty. Gen., Seth A. Albin, Asst. Atty. Gen., Jefferson City, for respondent.
Macklyn Reed appeals from the judgment denying his Motion for Reduction of Sentence pursuant to section 558.046 RSMo 1994.
On June 7, 1994, a three count indictment was returned against Mr. Reed. Counts I and III charged Mr. Reed with felony possession of a controlled substance, in violation of section 195.202 RSMo 1994, and Count II charged Mr. Reed with misdemeanor possession of a controlled substance, also in violation of section 195.202 RSMo 1994. The case was tried to a jury in a two day trial commencing on March 8, 1995. The jury returned a verdict finding Mr. Reed guilty on all counts.
On April 11, 1995, Mr. Reed was sentenced by the trial court as a prior offender and prior drug offender. On Count I, the court sentenced Mr. Reed to ten years' imprisonment with a 120 day call back pursuant to section 559.115 RSMo; on Count II to two days of imprisonment to run concurrently with Count I; and on Count III to a suspended sentence and two years of probation to run concurrently with Count I.
In exchange for a possible reduction of his sentence, Mr. Reed agreed to enter a drug rehabilitation program and to waive his right to appeal and his rights to post-conviction relief. On July 28, 1995, pursuant to this agreement, the trial judge granted Mr. Reed two years of probation on Count I as authorized by section 559.115 RSMo. Mr. Reed subsequently violated his probation and on November 20, 1995, the ten year sentence on Count I was ordered to be executed. In addition, the court revoked Mr. Reed's probation on Count III and sentenced him to twelve years of imprisonment on that count to be served concurrently with the sentence in Count I.
Mr. Reed thereafter filed a Motion for Reduction of Sentence pursuant to section 558.046 RSMo 1994. The motion court denied the motion, and Mr. Reed now appeals from the denial. We dismiss the appeal.
Although the right to appeal is a valuable right, a defendant in a criminal case may voluntarily waive this right. State v. Phason, 406 S.W.2d 671, 673 (Mo.1966). "A defendant waives his right to appeal where the intention to voluntarily waive appears in the record." State v. Edwards, 785 S.W.2d 703, 705 (Mo.App. E.D.1990). "When a defendant agrees to waive his right to file a motion for new trial and appeal in exchange for a reduced sentence and then receives the 'benefit of the bargain,' an appellate court will not hesitate in holding the defendant to his part of the bargain." State v. Valdez, 851 S.W.2d 20, 22 (Mo.App. W.D.1993).
At the sentencing hearing the court offered Mr. Reed three options. The first option was to sentence Mr. Reed on both felonies to concurrent twelve year terms of imprisonment. The court stated that this option would allow Mr. Reed to retain his right to appeal and his right to post-conviction relief under Rule 29.15. The second option was a reduction of the twelve year term to concurrent eight year terms on both felonies provided that Mr. Reed waive his right to appeal and his rights under Rule 29.15.
The third option, which Mr. Reed ultimately accepted, was to sentence Mr. Reed to ten years' imprisonment on Count I with a 120 day recall option and to suspend the imposition of sentence on Count III. The court stated that Mr. Reed could receive probation on Count I pending successful completion of a drug rehabilitation program. The court also stated that if probation was granted and later violated, it would have the power to revoke probation on Count III and enter a sentence of up to twenty years' imprisonment in...
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...569 S.W.2d 779, 780 (Mo.App.1978)). A defendant's voluntary waiver must appear in the record before this Court. See State v. Reed, 968 S.W.2d 246, 247 (Mo.App.1998); Valdez, 851 S.W.2d at Defendant was sentenced on April 15, 2008, and filed his notice of appeal on that date. Almost six mont......
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...in Malden, Missouri.2 The right of appeal, although a valuable one, may be voluntarily waived by a criminal defendant. State v. Reed, 968 S.W.2d 246, 247 (Mo.App.1998) (citing State v. Phason, 406 S.W.2d 671, 673 (Mo. 1966)). We will not deem that right waived "unless the record, the acts o......
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