In the Missouri Court of Appeals Eastern District DIVISION THREE
JULIUS WHITE, ) No. ED110214 ) Appellant, ) Appeal from the Circuit Court ) of the City of St. Louis v. ) Cause No. 1722-CC00299 ) STATE OF MISSOURI, ) Honorable Scott A. Millikan ) Respondent. ) Filed: November 1, 2022
Introduction
Julius White appeals the motion court's judgment denying his amended Rule 24.035
motion for post-conviction relief following an evidentiary hearing. 1 White pleaded guilty to two
counts of first-degree robbery, two counts of armed criminal action, and three counts of resisting
arrest. He was sentenced to a total of 17 years in prison. On appeal, White argues the motion
court erred in denying his amended motion because plea counsel was ineffective for
misinforming White that he would receive a sentence of ten years. We affirm the judgment of the
motion court.
Background
1 All Rule references are to the Missouri Supreme Court Rules (2021), unless otherwise indicated. On January 6, 2017, White pleaded guilty to a total of seven charges for incessant
criminal conduct in the City of St. Louis spanning the months of September, October, and
November 2014. At the plea and sentencing hearing, the sentencing court stated multiple times
that White would receive a sentence of 17 years in prison, and White consistently expressed his
understanding: 2
The Court: The State is recommending 20 years in the Missouri Department of
Corrections. I’ve indicated to your lawyer, and I’ve indicated to you that the court is
prepared to allow you to plead guilty to 17 years in the Missouri Department of
Corrections. These sentences carry – the robbery carries 85 percent. So whatever I give
you, you’re going to do 85 percent. Give you 17, you’re going to do 85 percent of the 17
before you’re eligible to sit before a parole board. I just want to make sure you
understand that. Is that clear to you?
White: Yes, your Honor.
The Court: Did you want to plead guilty?
White: Yes, sir.
…
The Court: If your lawyer did something wrong, or you think I did something wrong, or I
didn’t have jurisdiction or authority to do what I’m doing, like sentencing you to 17, or
your lawyer was ineffective, then you’re going to have a right to raise that issue later. But
in terms of pleading guilty now, I just want to make sure that we’re perfectly clear on
this.
2 The Honorable Jimmie Edwards was the sentencing court.
2 The Court: That you know what you’re doing?
The Court: I told you I was going to give you 17; is that correct?
The Court: And I was going to run it concurrent with the sentence that I’m going to give
you on the robbery case that you were found guilty on in my courtroom; is that correct?
White: That’s correct.
The Court: If you want the 17, take the 17 . . . .
The Court: You still want to plead guilty?
White also denied that any threats or promises were made to him to get him to plead
guilty. He confirmed that he was entering his guilty plea voluntarily. Finally, White affirmed that
plea counsel did everything White had asked him to do and that White was satisfied with
counsel’s services.
The sentencing court accepted White’s guilty plea. The court then sentenced White to 17
years in prison on each count of first-degree robbery and armed criminal action, and four years
on each count of resisting arrest. The court ran all of those sentences concurrently with each
other, and with a seven-year sentence on another robbery count for which White was convicted
in a separate trial, for a total sentence of 17 years in prison. The court entered judgment the same
day.
3 Less than three weeks later, on January 26, 2017, White timely filed his pro se Rule
24.035 motion to vacate, set aside, or correct the judgment. On January 31, 2017, post-
conviction counsel was appointed. The transcript of the guilty plea and sentencing hearing was
not filed until more than four years later, on March 12, 2021. Post-conviction counsel filed an
amended Rule 24.035 motion on March 14, 2021.
The amended motion asserted that plea counsel was ineffective for misinforming White
that he would receive concurrent sentences of only ten years. The motion alleged that, had White
known he would receive 17 years, he would not have pleaded guilty and would have gone to trial
instead.
The motion court held an evidentiary hearing on White’s amended motion on October 15,
2021. White’s plea counsel testified that he discussed with White the options of a plea deal or
going to trial. They mutually concluded White would likely be convicted if he went to trial in
light of the State’s evidence against him. Thus, White and plea counsel decided to pursue a plea
deal with the hope of obtaining a lighter sentence for White. Plea counsel testified that he never
told White he would receive a sentence of only ten years. Ten years was the minimum sentence,
and the State would not go that low because it had very strong evidence against White, including
video footage and reliable witnesses. Plea counsel explained that he intended to start plea
negotiations at ten years, anticipating that offer would be rejected. He testified that the
sentencing court subsequently stated during discussions in chambers that it was planning to give
White 17 years. Plea counsel informed White that he would receive 17 years on the felony
charges with concurrent sentences of four years on the lesser charges. He reiterated that he never
informed White that he would receive a ten-year sentence.
4 White also testified at the motion hearing. He alleged that plea counsel informed him that
he would receive ten years. White insisted that he was never told about the possibility of a 17-
year sentence. He testified that, at the time of his plea, he expected to receive concurrent ten-year
and seven-year sentences. White claimed that, had he known he would receive a 17-year
sentence, he would not have pleaded guilty and would have gone to trial.
On November 8, 2021, the motion court entered its findings of fact, conclusions of law,
and order denying White’s amended Rule 24.035 motion. The motion court concluded that
White’s claim was without merit, as the record showed that White voluntarily entered his guilty
plea knowing he would receive a 17-year sentence. Specifically, the court found that the 17-year
sentence was discussed multiple times during the plea and sentencing hearing, and that White
understood he would be sentenced to a total of 17 years. The court found White’s contrary
testimony “not credible.” The motion court thus concluded that White voluntarily entered his
guilty plea.
White appeals the judgment of the motion court.
Standard of Review
Our review of the denial of a Rule 24.035 motion is limited to whether the motion court’s
findings of fact and conclusions of law are clearly erroneous. Rule 24.035(k); Weeks v. State,
140 S.W.3d 39, 44 (Mo. banc 2004). The movant bears the burden of showing by a
preponderance of the evidence that the motion court clearly erred in its ruling. Stacker v. State,
357 S.W.3d 300, 303 (Mo. App. E.D. 2012). Credibility determinations are exclusively for the
motion court, and we defer to those determinations. Id.
Discussion
Free access — add to your briefcase to read the full text and ask questions with AI
In the Missouri Court of Appeals Eastern District DIVISION THREE
JULIUS WHITE, ) No. ED110214 ) Appellant, ) Appeal from the Circuit Court ) of the City of St. Louis v. ) Cause No. 1722-CC00299 ) STATE OF MISSOURI, ) Honorable Scott A. Millikan ) Respondent. ) Filed: November 1, 2022
Introduction
Julius White appeals the motion court's judgment denying his amended Rule 24.035
motion for post-conviction relief following an evidentiary hearing. 1 White pleaded guilty to two
counts of first-degree robbery, two counts of armed criminal action, and three counts of resisting
arrest. He was sentenced to a total of 17 years in prison. On appeal, White argues the motion
court erred in denying his amended motion because plea counsel was ineffective for
misinforming White that he would receive a sentence of ten years. We affirm the judgment of the
motion court.
Background
1 All Rule references are to the Missouri Supreme Court Rules (2021), unless otherwise indicated. On January 6, 2017, White pleaded guilty to a total of seven charges for incessant
criminal conduct in the City of St. Louis spanning the months of September, October, and
November 2014. At the plea and sentencing hearing, the sentencing court stated multiple times
that White would receive a sentence of 17 years in prison, and White consistently expressed his
understanding: 2
The Court: The State is recommending 20 years in the Missouri Department of
Corrections. I’ve indicated to your lawyer, and I’ve indicated to you that the court is
prepared to allow you to plead guilty to 17 years in the Missouri Department of
Corrections. These sentences carry – the robbery carries 85 percent. So whatever I give
you, you’re going to do 85 percent. Give you 17, you’re going to do 85 percent of the 17
before you’re eligible to sit before a parole board. I just want to make sure you
understand that. Is that clear to you?
White: Yes, your Honor.
The Court: Did you want to plead guilty?
White: Yes, sir.
…
The Court: If your lawyer did something wrong, or you think I did something wrong, or I
didn’t have jurisdiction or authority to do what I’m doing, like sentencing you to 17, or
your lawyer was ineffective, then you’re going to have a right to raise that issue later. But
in terms of pleading guilty now, I just want to make sure that we’re perfectly clear on
this.
2 The Honorable Jimmie Edwards was the sentencing court.
2 The Court: That you know what you’re doing?
The Court: I told you I was going to give you 17; is that correct?
The Court: And I was going to run it concurrent with the sentence that I’m going to give
you on the robbery case that you were found guilty on in my courtroom; is that correct?
White: That’s correct.
The Court: If you want the 17, take the 17 . . . .
The Court: You still want to plead guilty?
White also denied that any threats or promises were made to him to get him to plead
guilty. He confirmed that he was entering his guilty plea voluntarily. Finally, White affirmed that
plea counsel did everything White had asked him to do and that White was satisfied with
counsel’s services.
The sentencing court accepted White’s guilty plea. The court then sentenced White to 17
years in prison on each count of first-degree robbery and armed criminal action, and four years
on each count of resisting arrest. The court ran all of those sentences concurrently with each
other, and with a seven-year sentence on another robbery count for which White was convicted
in a separate trial, for a total sentence of 17 years in prison. The court entered judgment the same
day.
3 Less than three weeks later, on January 26, 2017, White timely filed his pro se Rule
24.035 motion to vacate, set aside, or correct the judgment. On January 31, 2017, post-
conviction counsel was appointed. The transcript of the guilty plea and sentencing hearing was
not filed until more than four years later, on March 12, 2021. Post-conviction counsel filed an
amended Rule 24.035 motion on March 14, 2021.
The amended motion asserted that plea counsel was ineffective for misinforming White
that he would receive concurrent sentences of only ten years. The motion alleged that, had White
known he would receive 17 years, he would not have pleaded guilty and would have gone to trial
instead.
The motion court held an evidentiary hearing on White’s amended motion on October 15,
2021. White’s plea counsel testified that he discussed with White the options of a plea deal or
going to trial. They mutually concluded White would likely be convicted if he went to trial in
light of the State’s evidence against him. Thus, White and plea counsel decided to pursue a plea
deal with the hope of obtaining a lighter sentence for White. Plea counsel testified that he never
told White he would receive a sentence of only ten years. Ten years was the minimum sentence,
and the State would not go that low because it had very strong evidence against White, including
video footage and reliable witnesses. Plea counsel explained that he intended to start plea
negotiations at ten years, anticipating that offer would be rejected. He testified that the
sentencing court subsequently stated during discussions in chambers that it was planning to give
White 17 years. Plea counsel informed White that he would receive 17 years on the felony
charges with concurrent sentences of four years on the lesser charges. He reiterated that he never
informed White that he would receive a ten-year sentence.
4 White also testified at the motion hearing. He alleged that plea counsel informed him that
he would receive ten years. White insisted that he was never told about the possibility of a 17-
year sentence. He testified that, at the time of his plea, he expected to receive concurrent ten-year
and seven-year sentences. White claimed that, had he known he would receive a 17-year
sentence, he would not have pleaded guilty and would have gone to trial.
On November 8, 2021, the motion court entered its findings of fact, conclusions of law,
and order denying White’s amended Rule 24.035 motion. The motion court concluded that
White’s claim was without merit, as the record showed that White voluntarily entered his guilty
plea knowing he would receive a 17-year sentence. Specifically, the court found that the 17-year
sentence was discussed multiple times during the plea and sentencing hearing, and that White
understood he would be sentenced to a total of 17 years. The court found White’s contrary
testimony “not credible.” The motion court thus concluded that White voluntarily entered his
guilty plea.
White appeals the judgment of the motion court.
Standard of Review
Our review of the denial of a Rule 24.035 motion is limited to whether the motion court’s
findings of fact and conclusions of law are clearly erroneous. Rule 24.035(k); Weeks v. State,
140 S.W.3d 39, 44 (Mo. banc 2004). The movant bears the burden of showing by a
preponderance of the evidence that the motion court clearly erred in its ruling. Stacker v. State,
357 S.W.3d 300, 303 (Mo. App. E.D. 2012). Credibility determinations are exclusively for the
motion court, and we defer to those determinations. Id.
Discussion
5 White’s single point on appeal is that the motion court erred in overruling his amended
Rule 24.035 motion because plea counsel was ineffective for misinforming White that he would
receive a sentence of ten years. White asserts that counsel’s assurances induced him to plead
guilty and rendered his guilty plea involuntary. He maintains that, had he known he would be
sentenced to 17 years, he would not have pleaded guilty and would have gone to trial. White
further asks this Court to deem his hearing testimony credible and to reject the motion court’s
credibility determination to the contrary.
When a movant claims ineffective assistance of counsel, the movant must allege facts,
not refuted by the record, that show “counsel's performance did not conform to the degree of
skill, care and diligence of a reasonably competent attorney,” resulting in prejudice to the
movant. Matthews v. State, 175 S.W.3d 110, 113 (Mo. banc 2005); Strickland v.
Washington, 466 U.S. 668, 687 (1984). Prejudice exists where the movant shows that, but for
counsel's ineffective assistance, he would not have pleaded guilty and would have insisted on
taking his case to trial. Taylor v. State, 456 S.W.3d 528, 534 (Mo. App. E.D. 2015).
Where there is a plea of guilty, a claim of ineffective assistance of plea counsel is
immaterial “except to the extent that the conduct affected the voluntariness and knowledge with
which the plea was made.” Worthington v. State, 166 S.W.3d 566, 573 (Mo. banc 2005); see also
Gales v. State, 533 S.W.3d 796, 799 (Mo. App. E.D. 2017). If an examination of the guilty plea
proceedings directly refutes a movant's claim that his plea was involuntary, then the movant is
not entitled to any relief. Rivers v. State, 498 S.W.3d 534, 536–37 (Mo. App. E.D. 2016).
More specifically, when a movant claims to have pleaded guilty based on a mistaken
belief about his anticipated sentence, the test is whether a reasonable basis exists in the record for
the movant’s belief. Bates v. State, 421 S.W.3d 547, 553 (Mo. App. E.D. 2014). Where there is
6 no reasonable basis for the movant's belief in light of the guilty plea record, the movant is not
entitled to relief. Rivers, 498 S.W.3d at 537. “Neither a disappointed expectation of a lesser
sentence, nor a mere prediction as to sentencing by counsel that proves incorrect, is sufficient to
render a guilty plea involuntary.” Id.
Here, there is no reasonable basis in the record for White’s alleged expectation that he
would receive a ten-year sentence, and the record refutes White’s claim that he involuntarily
pleaded guilty based on that mistaken expectation. The record establishes that, when White
entered his guilty plea, he believed he would be sentenced to 17 years and he voluntarily pleaded
guilty with that belief.
At the plea and sentencing hearing, the sentencing court continually informed White that
the court was going to sentence him to 17 years. Every time, White responded that he understood
he would receive a sentence of 17 years. The court inquired if anyone, including White’s
attorney, had made any threats or promises to coerce or pressure him to plead guilty. White
denied that he was threatened or promised anything and confirmed that he was entering his guilty
plea voluntarily. White also stated that he was satisfied with counsel’s services. See Eberspacher
v. State, 915 S.W.2d 384, 386-87 (Mo. App. W.D. 1996) (movant’s own testimony at plea
hearing can be used to “refute conclusively” his claim on appeal); Gales, 533 S.W.3d at 800.
Likewise, at the hearing on White’s amended Rule 24.035 motion, plea counsel
repeatedly testified that he never promised White he would receive ten years. Rather, plea
counsel testified that, before White’s guilty plea, the sentencing court indicated its intention to
sentence White to 17 years and counsel informed White he would receive 17 years.
In contravention of this clear record, White testified that plea counsel informed him that
he would receive a ten-year sentence to run concurrently with seven-year sentences on his lesser
7 charges. The motion court found White’s testimony incredible. Notwithstanding White’s request
that we disregard the motion court’s credibility finding and deem his testimony credible, we
defer to a motion court’s credibility determinations. See Stacker, 357 S.W.3d at 303.
No reasonable basis exists in the record for White’s alleged belief that he would receive a
ten-year sentence. Even if there were a reasonable basis in the record for that alleged belief, the
record otherwise refutes White’s claim that his guilty plea was involuntary. See Rivers, 498
S.W.3d at 537-38; Bates, 421 S.W.3d at 553-54.
The motion court did not clearly err in denying White’s amended Rule 24.035 motion.
The Point is denied.
Conclusion
For the foregoing reasons, we affirm the judgment of the motion court.
Cristian M. Stevens, J.
Gary M. Gaertner, Jr., P.J., and John P. Torbitzky, J., concur.