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Cofield v. State7/18/2000
l. State v. Kelley, 953 S.W.2d 73, 92 (Mo.App. S.D. 1997), cert. denied, 522 U.S. 1151, 118 S.Ct. 1173, 140 L.Ed.2d 182 (1998); State v. George, 921 S.W.2d 638, 648 (Mo.App. S.D. 1996). Consequently, Movant cannot prevail in this appeal.
Furthermore, the motion court was not required to believe Movant would have stood trial instead of pleading guilty had the plea court correctly recited the mandatory minimum punishment. Keating v. State, 870 S.W.2d 273, 275 (Mo.App. S.D. 1994). Because of Movant's epic record of DWI convictions, he could not have reasonably believed there was any possibility the plea court would have imposed only a fine or "straight probation." The motion court recognized that reality, finding Movant understood there was "a good possibility" the plea court would sentence him to "the maximum," and there was no reasonable belief by Movant that he would "get the minimum or probation."
The motion court's denial of post-conviction relief is affirmed.
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