State of Missouri v. Joshua B. Baker

Farmington, Missouri criminal defense lawyer represented the Defendant charged with drug possession.





Joshua B. Baker a motion for post-conviction relief.





The State charged Movant with possession of a controlled substance, failure to register as a sex offender, resisting arrest and possession of drug paraphernalia. He pleaded guilty to the first three of those charges pursuant to an agreement with the State. Movant signed a petition to enter a plea of guilty in which he confirmed that he was not relying on any "promises, agreements or suggestions made by anyone at any time" other than in the plea agreement. He also circled "yes" next to the following statement: "I am not relying upon anyone's promise or representation that if I am committed to the Department of Corrections, I will serve any less time of incarceration than the time specified in the actual sentence of incarceration that may be imposed in this case." The plea petition signed by Movant made no reference to parole eligibility. At the plea and sentencing hearings, Movant acknowledged that he was not relying on any promises, agreements or special deals other than the plea agreement and that no one had communicated any threats, pressures or promises to induce him to plead guilty. There was no discussion at the plea and sentencing hearings regarding parole eligibility. The plea court accepted Movant's guilty pleas and sentenced him in accordance with the plea agreement to three concurrent terms of imprisonment, totaling seven years.



Baker v. State, ED112357 (Mo. App. Nov 19, 2024)

Reversed