McNamara v. State

Missouri Court of Appeals

McNamara v. State

385 S.W.3d 487, 2012 WL 3079114, 2012 Mo. App. LEXIS 949

Missouri Court of Appeals·Decided July 31, 2012·No. No. WD 74338·Published

Opinion

Order

PER CURIAM:

John McNamara appeals the denial of his Rule 24.035 motion for post-conviction relief. McNamara alleged that his guilty plea was unknowing and involuntary because the plea court failed to advise him of the possibility of jury sentencing had he proceeded to a jury trial. But because nothing required that McNamara be advised of the possibility of jury sentencing, and because McNamara failed to prove his claim at the evidentiary hearing, the motion court committed no error in denying his post-conviction motion. We affirm. Rule 84.16(b).

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Order

PER CURIAM:

John McNamara appeals the denial of his Rule 24.035 motion for post-conviction relief. McNamara alleged that his guilty plea was unknowing and involuntary because the plea court failed to advise him of the possibility of jury sentencing had he proceeded to a jury trial. But because nothing required that McNamara be advised of the possibility of jury sentencing, and because McNamara failed to prove his claim at the evidentiary hearing, the motion court committed no error in denying his post-conviction motion. We affirm. Rule 84.16(b).

McNamara v. State, 385 S.W.3d 487, 2012 WL 3079114, 2012 Mo. App. LEXIS 949 (Mo. Ct. App. 2012).

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385 S.W.3d 487 (McNamara v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.