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Copas v. State4/11/2000
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Appeal From: Circuit Court of Pettis County, Hon. Donald Lloyd Barnes
Opinion Vote: REVERSED AND REMANDED. Smith, P.J., and Howard, J., concur.
Opinion:
Jeffrey Copas appeals the denial of his Rule 24.035 motion without an evidentiary hearing. He argues that the motion court clearly erred because the record before the court did not refute the allegations that the plea court and his plea counsel failed to inform him a jury's verdict must be unanimous, that the state carried the burden of proof at trial, and that his trial counsel wrongly informed him that he would have to prove his innocence if he proceeded trial.
Copas was charged by indictment, as a persistent offender, with driving while intoxicated, section 577.021 , and driving while revoked, section 302.321. On February 3, 1999, Copas pled guilty to driving while intoxicated. The state dismissed the charge for driving while revoked and recommended a four-year sentence for the driving while intoxicated charge. During the guilty plea hearing, the court advised Copas of his constitutional right to proceed to trial, questioned him about his satisfaction with his counsel's services, and insured that Copas understood the nature of the charge and the range of punishment. The court determined that Copas freely, voluntarily, and intelligently entered his guilty plea. After finding a factual basis for the plea, the court accepted his plea and sentenced Copas to four years in the department of corrections.
Copas timely filed his pro se Rule 24.035 motion. Appointed counsel filed an amended motion and requested an evidentiary hearing. The motion court issued its findings of fact and conclusions of law and denied the motion, including Copas' request for an evidentiary hearing. Copas timely appealed.
Copas contends that the failure of the plea court and plea counsel to inform him of, and establish that he understood, the burden of proof and jury unanimity requirements at trial rendered his guilty plea constitutionally infirm. He also asserts that his plea counsel affirmatively misadvised him about who would have the burden of proof at a trial. His motion further alleges that he would not have pled guilty and would have gone to trial if he had been fully advised or not misadvised as to these rights at trial. He contends that, as a result of the plea court's omissions, his guilty plea was not made knowingly, intelligently, and voluntarily as required by law. Alternatively, he claims that he was deprived of effective assistance by counsel's omissions and affirmative incorrect advice about a criminal defendant's rights associated with a trial.
On appeal, review of the motion court's denial of a Rule 24.035 motion is limited to a determination of whether the findings of fact and conclusions of law by the court are clearly erroneous. Rule 24.035(k); Reynolds v. State, 994 S.W.2d 944, 945 (Mo. banc 1999). The motion court's findings and conclusions are clearly erroneous only if a review of the entire record by the appellate court results in a definite and firm impression that a mistake has been made. Id. The movant who seeks avoidance of his guilty plea must demonstrate a reasonable probability that, but for counsel's errors, he would have insisted on a trial rather than entering a guilty plea. Gilliland v State, 882 S.W.2d 322, 325 (Mo. App. 1994). To be entitled to an evidentiary hearing, the movant must plead facts, not conclusions, warranting relief and demonstrate prejudice. He is not entitled to a hearing if the plea record refutes the facts alleged. Turner v. State, 9
Page 1 2 3 4 Missouri DUI Attorneys
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