Winters v. State
Winters v. State
Opinion of the Court
ORDER
Movant appeals denial of post conviction relief under Rule 24.035 without an evidentia-ry hearing. His motion was filed for relief from Alford pleas on charges of attempted robbery and robbery first degree. The trial court imposed five and ten year concurrent sentences on the charges.
At movant’s plea hearing the state summarized evidence to prove both charges. The
Movant now argues the court erred in denying relief without an evidentiary hearing because his trial counsel was inadequately prepared to render effective advice, a matter he did not learn until after sentencing.
We hold the trial court did not clearly err in denying relief without an evidentiary hearing. On the present facts the extent of trial counsel’s investigation would not be probative on the issue of defendant’s knowing, voluntary and intelligent Alford pleas. The record supports a finding he acknowledged the state had evidence the crimes were committed with what appeared to be a dangerous or deadly weapon and was prepared to prove all of the elements of the charges. Under these circumstances the failure of trial counsel, even if proven, to review police reports or physical evidence for possible defenses would not be a ground for finding that the Alford pleas were unknowing or involuntary. Nor would proof of the alleged failure support the requisite finding of prejudice. All that could have been discovered by counsel was in fact presented to the court and to counsel in the presence of the defendant before he pled.
The findings and conclusions and judgment of the trial court in denying the motion was not clearly erroneous. The judgment is affirmed in accord with Rule 84.16(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.