Cupp v. State

PHILLIP R. GARRISON, Chief Judge.

On April 7, 1997, Gerald Allen Cupp (“Movant”) pled guilty to one count of see-*305ond-degree burglary in violation of § 569.170,1 one count of stealing in violation of § 570.030, and two counts of forgery, both in violation of § 570.090. At the guilty plea hearing, the court accepted Movant’s plea, finding that it was made knowingly, voluntarily, and intelligently. The State recommended a six-year sentence on each count to run concurrently, subject to § 559.115, commonly referred to as the 120-day shock program. Section 559.115 allows a court to consider the…