Manard v. State
Manard v. State
Opinion of the Court
Paige Tedford Manard was court-tried and found guilty of selling 115 grams (approximately 1/4 pound) of cocaine for $9,200, and was sentenced to ten years’ imprisonment. The conviction was affirmed on appeal. State v. Manard, 675 S.W.2d 426 (Mo.App. 1984).
After he was confined, Manard filed a motion to vacate his conviction and sentence, pursuant to Rule 27.26,
Our review is limited to a determination of whether the motion court’s findings and conclusions are clearly erroneous. Rule 27.26(j).
A review of the facts of this case surrounding the trial indicate that on June 10, 1983, Manard executed a written waiver
This was followed by an exchange between Manard and his attorney with Ma-nard acknowledging that he and his attorney had discussed the advantages and disadvantages of Manard’s testifying, and that Manard advised the court that he did not wish to testify. There were no witnesses called by the defense. The court then found Manard guilty and sentenced him to 10 years’ imprisonment.
As to Manard’s complaint of not knowingly waiving his constitutional rights to confront his accusers and his right against compulsory self-incrimination, he fails to allege any facts showing he was prejudiced by the giving up of his right to cross-examine the state’s witnesses or testify in his own defense.
On appeal, Manard is attempting to reconstruct, through retrospective review, what he wishes had transpired and what might have transpired had he acted differently. The trial tactics of the state were known by Manard prior to the introduction of any evidence, and after the state rested its case, Manard was given the opportunity to testify and declined, thus offering no self-incriminating evidence.
Further, Manard’s constitutional rights to confront his accusers were not violated at trial as the arresting officer was present at the preliminary hearing and did
The motion court properly ruled upon Manard’s motion without granting him an evidentiary hearing and that decision and the basis for the decision are affirmed by this court.
. All references to rules are to Missouri Rules of Court, V.A.M.R.
. The waiver executed by Manard reads as follows:
The undersigned defendant waives his right to trial by jury in the above-styled cause and submits the trial thereof to the Court, sitting without a jury, whose findings shall have the force and effect of the verdict of a jury.
Defendant states this waiver is made after consultation with defendant’s attorney of record, and that no threats or promises were made to defendant to induce this waiver.
Defendant prays the Court to assent to this waiver.
Entered this 10th day of June, 19S5
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