Price v. State

567 S.W.3d 300
CourtMissouri Court of Appeals
DecidedFebruary 13, 2019
DocketWD 81138
StatusPublished

This text of 567 S.W.3d 300 (Price v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. State, 567 S.W.3d 300 (Mo. Ct. App. 2019).

Opinion

Per Curiam:

Freddie Price appeals the denial of his amended Rule 24.035 post-conviction motion. Price alleged he was coerced into pleading guilty by his plea counsel's failure to prepare for trial, rendering the plea involuntary. After an evidentiary hearing, the Circuit Court of Jackson County denied his claim. Finding no error, we affirm. Rule 84.16(b).

MEMORANDUM1

Freddie Price ("Price") appeals the denial by the Circuit Court of Jackson County of his amended Rule 24.0352 post-conviction motion which alleged that his guilty plea was not entered voluntarily. Price claims that his plea counsel was ineffective by failing to prepare for trial and that this deficient conduct coerced him into pleading guilty. After an evidentiary hearing, the motion court denied his claim. Finding no error, we affirm.

Factual and Procedural History

Price was indicted for murder in the first degree, armed criminal action, violation of an order of protection, and unlawful use of a weapon. These charges stemmed from the killing of Price's ex-girlfriend on June 4, 2014. Plea counsel represented *301Price from June of 2015 through his guilty plea and sentencing on January 7, 2016.3

A plea agreement was reached in the case. Under its terms, the State filed an Information in Lieu of Indictment that reduced the charge of murder in the first degree to murder in the second degree, while maintaining the other charges from the original indictment. The State also agreed to dismiss a separate case charging Price with a class C felony of drug possession. Pursuant to the agreement, the State would recommend concurrent sentences of 25 years on the murder charge, three years on the armed criminal action charge, one year on the charge of violating a protective order, and four years on the charge of unlawful use of a weapon.

At the plea hearing, Price testified that he understood that he had a right to a jury trial, to call witnesses, and to testify or refrain from testifying on his own behalf. Price indicated he understood that the State carried the burden to prove him guilty beyond a reasonable doubt, and that he would be represented by counsel. Price acknowledged that he would be waiving these rights by pleading guilty, and stated that his plea was voluntary and not coerced. Price expressed satisfaction with the services of his attorneys and testified that they had performed all tasks requested of them. He stated that he had discussed his case with counsel and that he needed no more time to discuss his case with counsel before entering his plea. The trial court found Price had voluntarily, freely, and intelligently waived his rights; accepted his plea; and sentenced him in accordance with the plea agreement. After he was sentenced, Price again confirmed that he was satisfied with the conduct of his counsel.

Price filed a pro se motion for post-conviction relief. Counsel was appointed and timely filed an amended motion, which claimed that plea counsel was ineffective because she had not adequately prepared for trial, and that this lack of preparation coerced Price into pleading guilty.

At the evidentiary hearing plea counsel testified that, upon entering the case, she requested and was granted a six-month continuance of the trial date. She investigated the case and, at Price's request, continued to pursue plea negotiations with the State. Plea counsel deposed the State's witness, Roy Noles (who connected Price to the murder weapon), and stated that she found Noles credible and willing to testify. She testified that she explained to Price the hazards of going to trial on the original charges. Plea counsel testified that it was a "textbook murder 1" in that there was motive evidence related to "domestic violence issues against [Price]." Plea counsel indicated that she advised Price that it was in his best interests to work out a plea arrangement with the State, and that Price never expressed a desire to take the case to trial.

At the evidentiary hearing Price testified that he understood the importance of getting the charge reduced to murder in the second degree, because he did not want to risk a life sentence without parole (if tried on the first degree murder charge). Price acknowledged that his previous attorney had attempted to reach a plea agreement that would involve a sentencing recommendation of 20 years, and that he had asked him to "see if you can *302get 15 years." Price testified that he continued to discuss a plea with plea counsel; yet also testified that he was "surprised" that she continued to try to work out a plea agreement. At the evidentiary hearing Price complained that plea counsel had not timely provided him a copy of the Noles deposition, had failed "to suppress a video" and protection order, and had failed to subpoena "a witness."4

The motion court noted that Price's testimony at the evidentiary hearing was inconsistent with his testimony at the plea hearing, and that his testimony at the evidentiary hearing was not credible. The motion court found that Price presented no credible evidence to support his claim that his guilty plea was involuntary and denied the motion for post-conviction relief, This appeal followed.

Analysis

Our review of the denial of a Rule 24.035 post-conviction motion is limited to determining whether the motion court's judgment was clearly erroneous. Rule 24.035(k); Cooper v. State, 356 S.W.3d 148, 152 (Mo. banc 2011). "The motion court's findings and conclusions are clearly erroneous only if, after review of the record, the appellate court is left with the definite and firm impression that a mistake has been made." Cooper, 356 S.W.3d at 152. We presume that a post-conviction motion court's findings are correct, and we defer to its "superior opportunity" to assess the credibility of the witnesses. Davis v. State, 486 S.W.3d 898, 905 (Mo. banc 2016) (quoting Barton v. State, 432 S.W.3d 741, 760 (Mo. banc 2014)).

To prove a claim of ineffective assistance of counsel, "the movant must allege facts, not mere conclusions, demonstrating: (1) that counsel's performance did not conform to the degree of skill, care, and diligence of a reasonably competent attorney, and (2) that counsel's deficient performance actually prejudiced the movant." DePriest v. State, 510 S.W.3d 331, 338 (Mo. banc 2017) (citing Strickland v. Washington,

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Worthington v. State
166 S.W.3d 566 (Supreme Court of Missouri, 2005)
Fox v. State
819 S.W.2d 64 (Missouri Court of Appeals, 1991)
Edwards v. State
954 S.W.2d 403 (Missouri Court of Appeals, 1997)
Walter Barton v. State of Missouri
432 S.W.3d 741 (Supreme Court of Missouri, 2014)
Richard D. Davis v. State of Missouri
486 S.W.3d 898 (Supreme Court of Missouri, 2016)
Cooper v. State
356 S.W.3d 148 (Supreme Court of Missouri, 2011)
Dawson v. State
423 S.W.3d 314 (Missouri Court of Appeals, 2014)
DePriest v. State
510 S.W.3d 331 (Supreme Court of Missouri, 2017)
Booker v. State
552 S.W.3d 522 (Supreme Court of Missouri, 2018)

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Bluebook (online)
567 S.W.3d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-state-moctapp-2019.