Stokes v. State, 47517
| Decision Date | 15 May 1984 |
| Docket Number | No. 47517,47517 |
| Citation | 671 S.W.2d 822 |
| Parties | Winford STOKES, Movant, v. STATE of Missouri, Respondent. |
| Court | Missouri Court of Appeals |
Leonard W. Buckley, Jr., St. Louis, for movant.
John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.
Movant appeals, after an evidentiary hearing, his Rule 27.26 motion. We affirm.
On September 10, 1979, in St. Louis Circuit Court, movant pleaded guilty to second degree murder, two counts of first degree robbery, armed criminal action, two counts of escaping custody and stealing a motor vehicle. Movant was sentenced to concurrent terms of imprisonment totalling fifty years. Thereafter, movant was convicted in St. Louis County Circuit Court of capital murder and sentenced to death. This conviction was affirmed on appeal in State v. Stokes, 638 S.W.2d 715 (Mo. banc 1982).
Movant filed this 27.26 motion alleging that the pleas of guilty rendered in St. Louis Circuit Court were involuntary and that he was tricked and misled by his attorney.
An extensive evidentiary record was made. In September, 1979, movant had seven felony charges pending against him in the St. Louis Circuit Court (including one for capital murder) and a capital murder charge pending against him in St. Louis County. On the day set for the trial of these charges in the City, the state offered to reduce the capital murder charge to second degree murder and recommend a sentence of fifty years with the sentence to run concurrent with the sentences for the other six felonies. The offer was conveyed to movant who wanted to know about the disposition of the pending capital murder charge in St. Louis County. The assistant prosecuting attorney and defendant's attorney spoke with the first assistant prosecuting attorney in St. Louis County, who agreed to reduce the capital murder charge to second degree murder, and recommend fifty years to run concurrent with the sentences received in the City. This offer was conveyed to movant who agreed to it. The entire agreement encompassing all charges in the City and County was discussed with Judge McBride, who said he had no objection to the arrangement. Thereafter, defendant pleaded guilty to the seven felonies in the City and was sentenced in accordance with the plea bargain.
Approximately 10 days later, movant was transferred to St. Louis County. The trial judge was informed of the plea arrangements and stated he had no objection to it. The state filed an amended information reducing the capital murder charge to second degree murder. According to defendant's attorney:
[a]t some point during the plea Winford decided he didn't want the deal. And the Judge said to him, "Well, are you going to plead guilty?" and he said, "No." and I said, "What's wrong?" and he said, "They're lying on me." And I said, "What do you mean they're lying on you?"
Apparently the newspapers had reported inaccurately the plea downtown and said that it was all consecutive time. And I said, "Well, you heard the Judge yourself downtown." But he dug his heels in and said, "No, I'm not taking any kind of a plea."
So at that point the state frankly got miffed and withdrew their offer. And the Judge said, well, there was nothing he could do about it. All he could do was schedule the case for trial.
That afternoon, movant's attorney spoke to movant and he agreed to again accept the plea arrangement. The next day, movant's attorney communicated this to the office of the St. Louis County Prosecuting Attorney, but they refused to reinstate the offer. Movant was thereafter convicted of capital murder.
The 27.26 motion court found that movant's pleas of guilty were knowingly and voluntarily made. The court further found that:
Movant's pleas of guilty having been knowingly and voluntarily made, could not thereafter be rendered involuntary by movant's subsequent decision to exercise his constitutional right to a trial by jury in the cause pending against him in the 21st Judicial Circuit of the State of Missouri.
The court also found that movant failed to prove by credible evidence that his pleas of guilty...
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Stokes v. Armontrout
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