State v. Tinoco, WD
| Decision Date | 20 January 1998 |
| Docket Number | No. WD,WD |
| Citation | 967 S.W.2d 87 |
| Parties | STATE of Missouri, Appellant, v. Paul TINOCO, Respondent. 54332. |
| Court | Missouri Court of Appeals |
Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Blegen, Asst. Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for Appellant.
Elizabeth Unger Carlyle, Lee's Summit, for Respondent.
Before SPINDEN, P.J., and LAURA DENVIR STITH and EDWIN H. SMITH, JJ.
The State of Missouri appeals the circuit court's judgment granting Paul Tinoco's motion for a new trial. After a jury trial on January 23, 1997, in the Circuit Court of Jackson County, the jury returned guilty verdicts against the respondent on five counts of the class B felony of assault in the first degree, § 565.050, 1 one count of the class A felony of assault in the first degree, § 565.050, and six counts of the class A felony of armed criminal action, § 571.015. After trial, the respondent filed a motion for judgment of acquittal, or in the alternative, for a new trial. The trial court overruled his motion for judgment of acquittal, but sustained his motion for a new trial based on ineffective assistance of counsel.
On appeal, the State claims that the trial court erred in granting the respondent's motion for a new trial on the basis of ineffective assistance of counsel because it lacked the authority to do so in that the exclusive after-trial procedure by which to seek relief for a claim of ineffective assistance of counsel, including a new trial, is by a Rule 29.15 motion.
We affirm.
After a trial on January 23, 1997, in the Circuit Court of Jackson County, the jury returned its verdicts finding the respondent guilty of five counts of the class B felony of assault in the first degree, § 565.050, one count of the class A felony of assault in the first degree, § 565.050, and six counts of the class A felony of armed criminal action, § 571.015. Pursuant to Rules 27.07(c) and 29.11(b), the appellant had fifteen days after the return of the verdict in which to file his motion for judgment of acquittal or a motion for new trial. The trial court granted the respondent an additional ten days, as authorized by Rules 27.07(c) and 29.11(b), to file his motions. As such, his motion for judgment of acquittal, or in the alternative, a motion for a new trial was due no later than February 17, 1997. However, the respondent did not file his motions until February 24, 1997, seven days out of time. Nevertheless, after the time for filing his motions had lapsed, the respondent obtained a new attorney who filed an "Amended Motion for Judgment of Acquittal or in the Alternative for a New Trial" with suggestions in support thereof on April 16, 1997. In his amended motions, the respondent alleged that his right to due process was violated in that he received ineffective assistance of trial counsel.
On April 17, 1997, the trial court denied his amended motion for judgment of acquittal, sustained his amended motion for a new trial based on plain error under Rule 29.12(b). In sustaining the respondent's amended motion for a new trial, the court stated
I have tried over 100 criminal jury trials and I have never felt compelled because of ineffectiveness of counsel to question a jury verdict. But in this case defense counsel was so ineffective that I could not in good conscience allow that verdict to stand and so, therefore, the Court will grant a new trial.
This appeal follows.
This appeal involves a question of law. "[Q]uestions of law fall within this court's province of independent review and correction." Barry Service Agency Co. v. Manning, 891 S.W.2d 882, 887 (Mo.App.1995). Or, in other words, as to questions of law, our review is de novo with no deference being paid to the trial court's determination of the law.
I.
In the State's sole point on appeal, it claims that the trial court erred in granting the respondent's motion for a new trial on the basis of ineffective assistance of counsel because the trial court lacked the authority to do so in that the exclusive after-trial procedure by which to seek relief for a claim of ineffective assistance of counsel, including a new trial, is pursuant to a Rule 29.15 motion. The respondent contends that Rule 29.15 only applies after, not prior to, conviction.
The parties agree that the respondent's amended motion for a new trial was untimely filed; and therefore, the trial court could only consider the allegations contained therein for plain error pursuant to Rule 29.12(b). Rule 29.12(b) states that "[p]lain errors affecting substantial rights may be considered in the discretion of the court when the court finds that manifest injustice or miscarriage of justice has resulted therefrom." The State does not challenge the trial court's plain error grant of the respondent's motion for a new trial. However, it does challenge the trial court's authority to grant the respondent's amended motion for a new trial on the basis of ineffective assistance of counsel. Thus, the issue that we must decide is whether a trial court has the authority to grant a new trial pursuant to Rule 29.11(a) on the basis of ineffective assistance of counsel or whether Rule 29.15 provides the exclusive after-trial procedure for addressing claims for relief on the basis of ineffective assistance of counsel, including a new trial. In order to determine this issue, we logically have to determine the effect of Rule 29.15.
Rule 29.15(a) provides, in pertinent part:
A person convicted of a felony after trial claiming that the conviction or sentence imposed violates the constitution and laws of this state or the constitution of the United States, including claims of ineffective assistance of trial and appellate counsel ... may seek relief in the sentencing court pursuant to the provisions of this Rule 29.15. This Rule 29.15 provides the exclusive procedure by which such person may seek relief in the sentencing court for the claims enumerated.
"In our interpretation of Rule 29.15, we are guided by the same standards as those used in the construction of statutes." Rohwer v. State, 791 S.W.2d 741, 743 (Mo.App.1990) (citing State ex rel. Degeere v. Appelquist, 748 S.W.2d 855, 857 (Mo.App.1988)). Our primary role is Id. We agree with the respondent that, giving the pertinent...
To continue reading
Request your trial
-
State v. Smith, WD
...any further prosecution of Smith on this charge. Because these issues involve questions of law, our review is de novo. State v. Tinoco, 967 S.W.2d 87, 89 (Mo.App.1998). Function of the State's Opening Statement The State claims the trial court erred in dismissing the case against Smith beca......
-
State v. Williams
...respondent is a question of law. As such, it falls within this court's province of independent review and correction. State v. Tinoco, 967 S.W.2d 87, 89 (Mo. App. 1998) (citing Barry Serv. Agency Co. v. Manning, 891 S.W.2d 882, 887 (Mo. App. 1995)). "Or, in other words, as to questions of l......
-
State v. Wurtzberger
...in conflict with Rule 30.20, as the State contends. Rather, giving the language used its plain and ordinary meaning, State v. Tinoco, 967 S.W.2d 87, 89 (Mo. App. 1998) (citing Rohwer v. State, 791 S.W.2d 741, 743 (Mo. App. 1990)), we interpret it as providing simply that in order to preserv......
-
State v. Graham
...punishment is a question of law. As such, it falls within this court's province of independent review and correction. State v. Tinoco, 967 S.W.2d 87, 89 (Mo. App. 1998) (citing Barry Serv. Agency v. Manning, 891 S.W.2d 882, 887 (Mo. App. 1995)). "Or, in other words, . . . our review is de n......