eBook details
- Title: State Missouri v. Robert W. Foulk
- Author : Eastern District, Division Three Court of Appeals of Missouri
- Release Date : January 13, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Mr. Brown appeals the motion courts denial of his pro se motion under Rule 29.07(d) to withdraw his plea of guilty to forgery. He alleges his plea was involuntary because it was induced by promises that he would be referred to an institutional treatment program, that the court would retain authority for 120 days to sentence him to probation under section 559.115.2, RSMo Supp. 1996, and that he would be released should he successfully complete the program. Instead, 87 days after his remand to the custody of the Missouri Department of Corrections ("DOC") he was denied probation without being sent to a treatment program. The State asserts that, while his claim is nominally brought under Rule 29.07(d), it states a ground for relief cognizable under Rule 24.035 and so should be barred by the 90-day time limit set out in Rule 24.035(b).