Missouri Court of Appeals, 1979

State v. Myers

Missouri Court of Appeals · Decided October 1, 1979 · Clark, Ford, Shangler, Swof

588 S.W.2d 236; 1979 Mo. App. LEXIS 3224 (South Western Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

State v. Ryan (Mo. Ct. App. 1991)
State v. Dunn (Mo. Ct. App. 1998)
Brown v. State (Mo. 2002)
State v. Werbin (Mo. Ct. App. 1980)
State v. England (Mo. Ct. App. 1980)
State v. O'Neal (Mo. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The defendant Myers appeals from a denial of his Rule 27.25 motion to withdraw a plea of guilty to a charge reduced to murder in the second degree. The motion was brought after imposition of sentence, and thus, after conviction.

While the express Rule 27.25 allows a motion to withdraw a plea of guilty after sentence to correct a manifest injustice, the normal scope of the procedure is meant to apply “only before sentence is imposed.” An application to withdraw a plea of guilty after imposition of sentence is an attack on *237the validity of the sentence within Rule 27.26. The procedure of Rule 27.26 is formulated for that distinctive purpose by a requirement of pleading, presentation of evidence on oath, entry of judgment supported by statement of reasons, and a record for appeal most apt to the adjudication of such an important grievance.

The contention of the defendant that the sentence was imposed upon a plea of guilty both involuntary and induced by an unhonored plea bargain is most aptly determined by a hearing on a Rule 27.26 petition. Bradley v. State, 564 S.W.2d 940 (Mo.App. 1978). The record before us was on a proceeding far short of that contemplated for an informed post-conviction adjudication and review.

The appeal of the defendant is dismissed without prejudice to further proceeding by Rule 27.26 motion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.