[Download] "State Missouri v. Raymond G. Pendleton" by Western District Court of Appeals of Missouri # Book PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Raymond G. Pendleton
• Author : Western District Court of Appeals of Missouri
• Release Date : January 05, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Raymond G. Pendleton appeals the denial of his Motion to Set Aside Guilty Plea in the Cole County Circuit Court. Appellant contends that manifest inJustice occurred when the motion was denied because he was induced to reject an earlier, more favorable plea agreement by agents of the Federal Bureau of Investigation and the actions of the agents were shocking to the principles of fundamental fairness and universal Justice, thereby denying appellant his due process rights. In addition to responding to appellant's arguments, the State of Missouri has filed a motion to dismiss this appeal on the basis that it is out of the time limits set forth in Missouri Rule of Criminal Procedure 24.035. Appellant was arrested in November 1991 and subsequently charged with three counts of receiving stolen property. Charges of driving while intoxicated, driving while suspended, and misdemeanor possession of marijuana were also pending against appellant at the time. Plea negotiations began between appellant's trial counsel, David Schmitt, and the Buchanan County Prosecutor. An initial plea agreement was offered to appellant, the terms of which included appellant pleading guilty to two of the felony receiving stolen property charges, with the third to be dismissed, and the prosecutors recommending a cap of a five year sentence on each count, with the sentences to run concurrently. All misdemeanors would be dismissed except for one DWI for which appellant was required to plead guilty, with the recommendation that any sentence run concurrent to any sentence on the felony receiving stolen property charges. Also included as part of the plea offer was the requirement that appellant cooperate fully with the FBI regarding any federal investigation and with Missouri State Highway Patrol and Buchanan County Sheriff deputies about any area of inquiry.

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