EVANS v. STATE (2023)

Missouri Court of Appeals, Western District.

Tyler EVANS, Appellant, v. STATE of Missouri, Respondent.

WD 85245

Decided: May 16, 2023

Before Division Four: Gary D. Witt, Chief Judge, Presiding, Alok Ahuja, Judge and Janet Sutton, Judge

Ellen H. Flottman, Columbia, MO, for appellant. Justin Earl Davis, Jefferson City, MO, for respondent.

ORDER

Tyler Evans (“Evans”) appeals the judgment of the Circuit Court of Pettis County, Missouri, (“motion court”) denying, following an evidentiary hearing, his amended motion to vacate, set aside, or correct the judgment or sentence, pursuant to Rule 24.035. On appeal, Evans argues the motion court erred in denying his amended motion because his guilty plea was involuntary, unknowing, and unintelligent in violation of his constitutional right to due process because, at the sentencing hearing, Evans was given an inaccurate binary choice between going to trial and taking the State's new offer of thirty-five years in prison in exchange for pleading guilty to counts I-IV and was not given the opportunity to maintain the original plea agreement of an open guilty plea to counts I-III, with counts IV and V dismissed. Finding no error, we affirm the judgment of the motion court. Rule 84.16(b).

Per curiam:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law