State v. Knox

553 S.W.3d 386
CourtMissouri Court of Appeals
DecidedJune 12, 2018
DocketWD 80775
StatusPublished
Cited by10 cases

This text of 553 S.W.3d 386 (State v. Knox) 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
State v. Knox, 553 S.W.3d 386 (Mo. Ct. App. 2018).

Opinion

Gary D. Witt, Judge

Sean Knox ("Knox") pled guilty to one count of Rape in the First Degree in the *390Circuit Court of Lafayette County, Missouri. Following his guilty plea, but before sentencing, Knox obtained new counsel and filed a Motion to Withdraw Guilty Plea pursuant to Missouri Supreme Court Rule 29.07(d). The court denied Knox's motion and sentenced him to 17 years' imprisonment. Final judgment was entered and this appeal followed.

Knox was charged with raping a woman he met at a party ("Victim").1 According to the Victim's statements, she had been drinking heavily throughout the evening. Victim laid down on a couch and later began throwing up in a trash can beside the couch. Victim awoke and remembered Knox asking if she wanted to go with him to the bedroom and she responded no. Victim then passed out on the couch and awoke to Knox having sex with her. She testified that she attempted to stop Knox, tried to push him off of her and told him she did not want to have sex but he did not stop. After he finished he kissed her forehead and said thank you and then stated that he was sorry. When Knox left the room, the Victim left the residence and reported the rape.

On December 19, 2016, Knox appeared before the circuit court and entered an open guilty plea, meaning that there was no plea agreement with the state and the sentence was left to the discretion of the trial court. The court questioned Knox regarding his mental capacity to plead, his satisfaction with his attorneys and the representation they had provided. The court also advised Knox of the constitutional rights he was waiving by entering a guilty plea, which he acknowledged.

The court questioned Knox under oath regarding the factual basis for his plea. When the court asked how the Victim lacked capacity to consent to sexual intercourse, the prosecutor answered that the victim was drunk and passed out. Defense counsel clarified to the court that Knox did not agree that she was "passed out" but he did agree that she was too intoxicated to consent. In further questioning directed at Knox, he acknowledged that she was "very drunk" but then equivocated as to whether he was aware at the time of the offense that she was too intoxicated to consent. After his equivocation the plea court stated, "Well, I need more than that." Knox then had a further consultation with his counsel off the record.

Knox then, back on the record, had the following exchange with the court:

[Knox]: I didn't think she was incapacitated at the time to where she couldn't consent. But I do believe that in the situation that it was, I do believe it was not right.
[Court]: It doesn't sound to me like we have a plea.

The Court then gave Knox an opportunity to again confer with counsel. The Court instructed Knox "whatever you want to do, sir. Just work with your attorneys and make a determination which way you want to go, all right?" Following consultation with counsel, Knox informed the court on the record that he wanted to plead guilty. The plea court informed Knox that he was not required to plead guilty and that it was his option whether to enter a plea or not and Knox acknowledged he understood that fact. The court went on to explain that he could not accept a plea of guilty unless the party admitted to committing the offense.

The following exchange then occurred:

*391[Court]: So when we quit we were talking about what took place, and I asked you if on or about October 9th, 2015, in the County Lafayette, State of Missouri you knowingly had sexual intercourse with [Victim], a person who was incapacitated or incapable of-it says content, but I'm sure it means consent-
[State]: Yes, Judge.
[Court]: -or lacked capacity to consent, and you had said yes but then I inquired a little further about why there was a lack of consent and I think that is where we had some confusion.
[Knox]: Right.
Q: It's my understanding there was some alcohol consumed-
A: Yes, sir.
Q: -and that maybe she had consumed it to the point where she had actually threw up?
....
Q: Okay. That would be an indication that she was pretty drunk.
A: Yes, sir.
Q: And drunk enough that she probably didn't have-or she would not have had the capacity to consent and to the point where she would be incapable of consent. Would you agree with that?
A: Yes, sir.
Q: And even though she was in that condition, you went ahead and had sexual intercourse with her?
A: Yes, sir.
Q: And you understand why that is now a problem?
A: Yes, sir.
Q: Does that clear up any questions you had, sir?
A: It does, yes, sir.

The court then continued on to confirm that no one had threatened Knox or any family member to coerce him to enter his plea. The court also made clear that Knox understood the range of punishment to be five to 30 years or life imprisonment and that, as an open plea, the court could impose any sentence in that range. The court further made clear that he could be sentenced up to life in prison and that Knox would not be able to withdraw his plea, even if the court gave him the maximum sentence. Ultimately, the court accepted Knox's plea.

Before Knox was sentenced, Knox obtained new counsel and filed a Motion to Withdraw Guilty Plea pursuant to Rule 29.07(d)2 ("Motion"). Knox argued that his plea was not knowing, voluntary or intelligent. Specifically, Knox alleged that he was not advised by his attorneys that he would be ineligible for probation or that he must complete at least 85% of any sentence before being eligible for parole. Nor was he told that he must complete sex offender treatment prior to being eligible for parole, would be subject to lifetime GPS monitoring and supervision, would have to register as a sex offender, and could be subject to civil commitment. Further, Knox alleged that his counsel failed to explain to him all the elements of the crime and failed to provide him the Victim's deposition in which he alleges she never stated that the sexual contact was not consensual and also alleges she testified in the deposition to her belief that she was not incapacitated at the time of the rape.3 Knox stated that he only pled guilty *392out of fear because he felt threatened by his attorney who told him that if he did not plead guilty and went to trial the court would give him a worse sentence, possible life imprisonment.

The circuit court held a hearing on the Motion on March 6, 2017. Knox was the only witness and testified consistently with the allegations raised in the Motion on most issues. However, contrary to his Motion, Knox testified at the hearing that his attorneys did make him aware that he would have to serve at least 85% of any sentence imposed by the court before being eligible for parole.

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Cite This Page — Counsel Stack

Bluebook (online)
553 S.W.3d 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-knox-moctapp-2018.