State ex rel. Delf v. Honorable Darrell E. Missey

by
The circuit court did not abuse its discretion in overruling Christine Delf’s motion to enforce her plea agreement or in failing to permit Self to withdraw her guilty plea, as the court’s ruling comported with Mo. R. Crim. P. 24.02(d).Delf pleaded guilty to forgery pursuant to a plea agreement. Delft later filed a writ of mandamus challenging the circuit court’s decision to overrule her motion to enforce her plea agreement or, in the alternative, to withdraw her guilty plea, arguing that the circuit court lacked the authority to impose special conditions of probation she argued were excluded by the plea agreement. The Supreme Court issued a preliminary writ of prohibition, which it subsequently quashed, holding that the circuit court followed the procedure set forth in Rule 24.02 by accepting the binding plea agreement the parties reached and imposing the sentence Delf bargained for with the state. View "State ex rel. Delf v. Honorable Darrell E. Missey" on Justia Law