STATE v. WADDILL (2023)

ORDER

Charles Waddill (“Waddill”) appeals the judgment of the Circuit Court of Boone County, Missouri (“plea court”) sentencing him, after a guilty plea, to ten years for involuntary manslaughter, section 565.024;¹ seven years for leaving the scene of an accident, section 577.060, to run concurrent to the ten years for involuntary manslaughter; and four years for tampering with physical evidence, section 575.100, to run concurrent to the ten years for involuntary manslaughter but consecutive to the seven years for leaving the scene of an accident, for an effective total sentence of eleven years. Waddill was denied the opportunity to receive probation after “shock time.” On appeal, Waddill claims the plea court erred in: (1) sentencing him to consecutive sentences in excess of the State's recommendation because, in doing so, it exceeded the parties’ plea agreement; (2) denying Waddill's pre-sentencing motion to withdraw his guilty plea pursuant to Rule 29.07, because Waddill was not sufficiently advised that the State's sentencing recommendation was not binding on the plea court and that he would not be able to withdraw his guilty plea if the plea court's sentence exceeded the agreed-upon recommendation; and (3) denying Waddill's motion to withdraw his guilty plea pursuant to Rule 29.07 because the record indicates that he was misled or induced to plead guilty because of mistake or misapprehension in that he believed the State's recommendation was a binding cap on his sentence and that he would be able to withdraw his guilty plea if the court exceeded that recommendation. We affirm the judgment of the plea court. Rule 30.25(b)

FOOTNOTES

1.   All statutory references are to the Revised Statutes of Missouri (2016), as updated by supplement.

Per curiam: