Date: 06-25-2013

Case Style: State of Missouri v. Grant E.H. Carter

Case Number: 1231-CR00012

Judge: Calvin R. Holden

Court: 31st Judicial Circuit Court, Greene County, Missouri

Plaintiff's Attorney: Monroe

Defendant's Attorney: Reidar Hammond

Description: Springfield, Greene County, MO - The State of Missouri charged Grant E.H. Carter with first-degree burglary in violation of RSMo 569.160 which provides:

Until December 31, 2016--Burglary in the first degree.

569.160. 1. A person commits the crime of burglary in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, he or another participant in the crime:

(1) Is armed with explosives or a deadly weapon or;

(2) Causes or threatens immediate physical injury to any person who is not a participant in the crime; or

(3) There is present in the structure another person who is not a participant in the crime.

2. Burglary in the first degree is a class B felony.

(L. 1977 S.B. 60)

Effective 1-01-79

*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.

Charges:

Description: Burglary - 1st Degree { Felony B RSMo: 569.160 }
Date: 01/15/2012 Code: 1401000 Disposition: Guilty Plea - 06/25/2013
OCN: O7020730 Arresting Agency: SPRINGFIELD PD
Sentence
Sentence: Incarceration DOC
Sentence Date: 08/27/2013 Start Date: 08/27/2013 Length: 10 Years
Text: 10 YRS DOC; DEFT IS COMMITTED TO ITP UNDER SECTION 559.115
Facility Name: SHOCK INCARCERATION Agency: DEPARTMENT OF CORRECTIONS
Classification: REPORT ORDERED
Outcome: Release Granted
Start Date: 08/27/2013 Assigned Length: 120 Days Completed Date: 11/25/2013
Sentence (Suspended Execution of Sentence)
Sentence: Incarceration DOC (Suspended Execution of Sentence)
Sentence Date: 11/25/2013 Start Date: 12/25/2013 Length: 10 Years
Text: DEFT RELEASED UNDER SECTION 559.115 ON 5 YRS PROBATION EFFECTIVE 12/25/13
Facility Name: PROBATION Agency: MISSOURI BOARD OF PROBATION & PAROLE
Classification: SUPERVISED
Start Date: 12/25/2013 Assigned Length: 5 Years
Next Charge/Judgment
Description: Robbery - 2nd Degree { Felony B RSMo: 569.030 }
Date: 01/15/2012 Code: 1202000 Disposition: Guilty Plea - 06/25/2013
OCN: O7020730 Arresting Agency: SPRINGFIELD PD
Sentence
Sentence: Incarceration DOC
Sentence Date: 08/27/2013 Start Date: 08/27/2013 Length: 10 Years
Text: 10 YRS DOC; DEFT IS COMMITTED TO ITP UNDER SECTION 559.115
Facility Name: SHOCK INCARCERATION Agency: DEPARTMENT OF CORRECTIONS
Classification: REPORT ORDERED
Outcome: Release Granted
Start Date: 08/27/2013 Assigned Length: 120 Days Completed Date: 11/25/2013
Sentence (Suspended Execution of Sentence)
Sentence: Incarceration DOC (Suspended Execution of Sentence)
Sentence Date: 11/25/2013 Start Date: 12/25/2013 Length: 10 Years
Text: DEFT RELEASED UNDER SECTION 559.115 ON 5 YRS PROBATION EFFECTIVE 12/25/13
Facility Name: PROBATION Agency: MISSOURI BOARD OF PROBATION & PAROLE
Classification: SUPERVISED
Start Date: 12/25/2013 Assigned Length: 5 Years

Court Docket Entries:

02/20/2014 Costs &/or Fines Paid in Full
A Payment of -$320.50 was made on receipt 31GR562046. /MP
Partial Payment
A Payment of -$39.26 was made on receipt 31GR562045, LEAVING A CASE TOTAL BALANCE OF $320.50. /MP

01/29/2014 Order
STATE APPEARS BY APA HOEMAN. DEFT APPEARS IN PERSON. COURT GRANTS 6 MONTH EXTENSION TO COMPLETE CASP. NOTICE TO CASP. DC ACTING/BSM

12/13/2013 Partial Payment
A Payment of -$28.74 was made on receipt 31GR533567. RECEIVED FROM DOC LEAVING A CASE TOTAL BALANCE OF $359.76. /JDS

12/02/2013 Judge/Clerk - Note
BILL OF COSTS ISSUED AND MAILED TO DOC/SLD

11/27/2013 Certificate of Mailing
MAILED 2 CERTIFIED COPIES OF ORDER AUTHORIZING RELEASE OF DEFT UNDER SECTION 559.115 TO TABETHA FILBERT AT WRDCC. /ACT

11/26/2013 559.115 Review Order Issued
Court reviews report from the Department of Corrections recommending release per section 559.115 and orders defendant released on or before 12/25/2013 per 120 day orders of probation/special conditions of probation (attached) entered by court and filed herein. Copy is sent electronically to WRDCC and the Circuit Clerk is requested to forward certified copies. CRH/abt

11/25/2013 Defendant Sentenced
DEFT RELEASED UNDER SECTION 559.115 ON 5 YRS PROBATION EFFECTIVE 12/25/13. /ACT
Order for Release
Progress Report Filed
Clerk in receipt of Court Report Investigation from DOC. Same is sent to court for review. /abt

10/01/2013 Judge/Clerk - Note
CERTIFICATION OF JAIL TIME AND COST OF INCARCERATION BILLED. /JDS

09/06/2013 Judge/Clerk - Note
GCJ CERTIFICATION OF JAIL TIME AND COST OF INCARCERATION RECEIVED/SLD

08/28/2013 Certificate of Mailing
SENTENCE AND JUDGMENT SENT TO GCSO AND DOC. /ACT

08/27/2013 Judgment Entered
Filed By: GRANT ELIAS HYATT CARTER
Costs Ordered to Def
Judgment CVC $68 - Other
Filed By: GRANT ELIAS HYATT CARTER
Judgment Pub Defender Entered
Filed By: GRANT ELIAS HYATT CARTER
Defendant Sentenced
10 YRS DOC; DEFT IS COMMITTED TO ITP UNDER SECTION 559.115; $625.00 PD LIEN; $68.00 CRIME VICTIMS FEE AND COSTS. AUTHORIZE ADDITIONAL OFFICER - Yes; DELIVER CERTIF COPY OF JUDMT - Yes; CONC/CONS CASE & COUNTY - TO RUN CONCURRENT WITH EACH OTHER AND ANY EXISTING; 24.035/29.15 INEFFECT COUNSEL - No; ALLOCUTION - Yes; INST TRMT PROG 559.115 - Yes. /ACT
Sentencing Hearing Held
State appears by APA Fuhrman. Deft appears with Atty Hammond. Arguments heard. Sentence and Judgment Section 559.115 entered/filed. Orders as to Assistance of Counsel entered/filed. Deft taken into custody and remanded to GCJ for transfer to DOC. Notice of Entry to GCJ/Bailiff. CRH/env
Scheduled For: 08/27/2013; 10:30 AM ; CALVIN R HOLDEN; Greene

08/23/2013 Sent Assessment Report Filed

06/25/2013 Sentencing Hearing Scheduled
Associated Entries: 08/27/2013 - Sentencing Hearing Held
Scheduled For: 08/27/2013; 10:30 AM ; CALVIN R HOLDEN; Greene
Hearing/Trial Cancelled
Scheduled For: 07/01/2013; 8:30 AM ; CALVIN R HOLDEN; Greene
Guilty Plea
State appears by APA Monroe. Deft appears with Atty Hammond. Deft withdraws prior plea of Not Guilty and enters a plea of Guilty per Judgment of Conviction on Plea of Guilty entered/filed. SAR ordered. Sentencing set for 8/27/13 @ 10:30 AM. Deft given paperwork and directed to report to P&P. Deft warned of the consequences of FTA. CRH/env
Associated Entries: 03/28/2013 - Pre-trial Conference Scheduled
Scheduled For: 06/25/2013; 8:30 AM ; CALVIN R HOLDEN; Greene

03/28/2013 Pre-trial Conference Scheduled
Associated Entries: 06/25/2013 - Guilty Plea
Scheduled For: 06/25/2013; 8:30 AM ; CALVIN R HOLDEN; Greene
Jury Trial Scheduled
Associated Entries: 06/25/2013 - Hearing/Trial Cancelled
Scheduled For: 07/01/2013; 8:30 AM ; CALVIN R HOLDEN; Greene
Hearing Continued/Rescheduled
Hearing Continued From: 04/01/2013; 8:30 AM Jury Trial
Pre-Trial Conference Held
State appears by APA Fuhrman. Deft appears with Atty Hammond. JT reset to 7/1/13 @ 8:30 AM. PTC set for 6/25/13 @ 8:30 AM. Deft admonished. CRH/env
Scheduled For: 03/28/2013; 8:30 AM ; CALVIN R HOLDEN; Greene

03/26/2013 Motion for Continuance
MOTION TO SHORTEN TIME; NOTICE OF HEARING SET FOR 03/28/13 AT 8:30 A.M. FILED. /ACT
Filed By: REIDAR OTTO HAMMOND

01/15/2013 Jury Trial Scheduled
Associated Entries: 03/28/2013 - Hearing Continued/Rescheduled
Scheduled For: 04/01/2013; 8:30 AM ; CALVIN R HOLDEN; Greene
Pre-trial Conference Scheduled
Associated Entries: 03/28/2013 - Pre-Trial Conference Held
Scheduled For: 03/28/2013; 8:30 AM ; CALVIN R HOLDEN; Greene
Pre-Trial Conference Held
State appears by APA Wan. Deft appears with Atty Hammond. JT set for 4/1/13 @ 8:30 AM. PTC set for 3/28/13 @ 8:30 AM. Deft admonished. CRH/env
Scheduled For: 01/15/2013; 8:30 AM ; CALVIN R HOLDEN; Greene

12/10/2012 Pre-trial Conference Scheduled
Associated Entries: 01/15/2013 - Pre-Trial Conference Held
Scheduled For: 01/15/2013; 8:30 AM ; CALVIN R HOLDEN; Greene
Hearing Continued/Rescheduled
At the request of Atty Hammond, PTC reset to 1/15/13 @ 8:30 AM. Notice of Entry to State. CRH/env
Hearing Continued From: 12/17/2012; 9:00 AM Pre-trial Conference

10/29/2012 Pre-trial Conference Scheduled
Associated Entries: 12/10/2012 - Hearing Continued/Rescheduled
Scheduled For: 12/17/2012; 9:00 AM ; CALVIN R HOLDEN; Greene
Pre-Trial Conference Held
State appears by APA Chapman. Deft appears with Atty Hammond. Complex PTC set for 12/17/12 @ 9:00 AM. Deft admonished. CRH/env
Scheduled For: 10/29/2012; 9:00 AM ; CALVIN R HOLDEN; Greene

08/17/2012 Pre-trial Conference Scheduled
Associated Entries: 10/29/2012 - Pre-Trial Conference Held
Scheduled For: 10/29/2012; 9:00 AM ; CALVIN R HOLDEN; Greene
Arraignment Held
State appears by APA Fuhrman. Deft appears with Atty Hammond. Deft waives formal reading and pleads Not Guilty. Pre-Trial Order entered/filed. Complex PTC set for 10/29/12 @ 9:00 AM. Deft admonished on failure to appear. CRH/env
Scheduled For: 08/17/2012; 8:30 AM ; CALVIN R HOLDEN; Greene

07/27/2012 Motion for Disclosure
Filed By: JESSICA HILL
Information Filed
Filed By: JESSICA HILL

07/24/2012 Arraignment Scheduled
Associated Entries: 08/17/2012 - Arraignment Held
Scheduled For: 08/17/2012; 8:30 AM ; CALVIN R HOLDEN; Greene
Judge Assigned
Filed By: CALVIN R HOLDEN

Outcome: Defendant Sentenced

10 YRS DOC; DEFT IS COMMITTED TO ITP UNDER SECTION 559.115; $625.00 PD LIEN; $68.00 CRIME VICTIMS FEE AND COSTS. AUTHORIZE ADDITIONAL OFFICER - Yes; DELIVER CERTIF COPY OF JUDMT - Yes; CONC/CONS CASE & COUNTY - TO RUN CONCURRENT WITH EACH OTHER AND ANY EXISTING; 24.035/29.15 INEFFECT COUNSEL - No; ALLOCUTION - Yes; INST TRMT PROG 559.115 - Yes. /ACT

Plaintiff's Experts:

Defendant's Experts:

Comments: