Lampley v. State
Lampley v. State
Opinion of the Court
ORDER
Marvin Lampley (movant) appeals the judgment denying his Rule 24.035 motion for post-conviction relief.
On appeal, movant contends the motion court erred when it denied his amended post-conviction motion without an eviden-tiary hearing, because his plea counsel was ineffective for incorrectly advising movant that he would receive a lesser sentence or avoid a prison sentence, entirely, if he entered an Alford plea to the charge, and, therefore, his plea was involuntary. We affirm.
Movant entered a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), to the offense of possession of a controlled substance in violation of Section 195.202 RSMo 1994 (all further references herein shall be to RSMo 1994 unless otherwise indicated). Prior to sentencing, movant’s counsel filed a motion to withdraw mov-ant’s Alford plea and reset the case for trial. The plea court found movant had entered the plea voluntarily and intelligently, denied movant’s motion, and sentenced movant as a prior, persistent, and prior drug offender to twelve years of imprisonment in the Missouri Department of Corrections.
Movant timely filed a pro se Rule 24.035 motion to vacate, set aside, or correct the judgment or sentence, and following appointment of counsel, an amended motion for post-conviction relief was filed.
The motion court denied movant’s motion without an evidentiary hearing, and in its findings of fact, conclusions of law, and order found: (1) there was no reasonable basis in the record to support movant’s belief that he would receive a lesser sentence or be placed on probation; (2) the plea court advised movant that it was ordering a presentence investigation with the agreement of defense counsel to learn more about movant for purposes of sentencing; (3) the range of punishment was explained as ten to twenty years; (4) mov-ant acknowledged that the State could legitimately recommend a sentence of fifteen years; (5) movant understood the proceedings and voluntarily entered his plea; (6) movant’s counsel was not ineffective; and (7) movant failed to allege facts, which, if true, would entitle him to relief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.