[Download] "Patrick C. Schellert v. State Missouri" by Supreme Court of Missouri En Banc # eBook PDF Kindle ePub Free

eBook details

Title: Patrick C. Schellert v. State Missouri
Author : Supreme Court of Missouri En Banc
Release Date : January 12, 1978
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

Appellant pleaded guilty to feloniously uttering a check for over $100.00 without sufficient funds for payment. He was sentenced
to five years' imprisonment, the maximum penalty. The facts about the guilty plea and sentencing were that after several continuances,
during which it was uncertain whether appellant had funds to or would employ counsel, appellant appeared on the trial date,
without counsel, and informed the court he would like to change his plea. The court also was told by the prosecutor that he
had told appellant that if he were to plead guilty the state would recommend probation. The court asked appellant if he understood
that the recommendation "is nothing more than that" and that the court had authority to impose different punishment. Appellant
responded, "Yes, sir, I'm very well aware of that." After informing appellant of the rights waived by a plea of guilty and questioning appellant and the prosecutor as to the
facts on which the charge was based, the court accepted appellant's plea of guilty and ordered a pre-sentence investigation.
Approximately nine weeks later appellant appeared, again without counsel. The court announced its readiness to proceed and
reminded appellant that the court was not involved in the recommendation made by the prosecutor and was free to impose whatever
sentence it deemed appropriate. The court then granted allocution and imposed the five-year sentence. At no time prior to
imposition of sentence did the court inform defendant the court was not going to follow the recommendation of the prosecutor,
and this being the case, of course the occasion never arose whereby the appellant was given opportunity thereafter to withdraw
his plea.