State v. Myers

The defendant Myers appeals from a denial of his Rule 27.25 motion to withdraw a plea of guilty to a charge reduced to murder in the second degree. The motion was brought after imposition of sentence, and thus, after conviction.

While the express Rule 27.25 allows a motion to withdraw a plea of guilty after sentence to correct a manifest injustice, the normal scope of the procedure is meant to apply “only before sentence is imposed.” An application to withdraw a plea of guilty after imposition of sentence is an attack on *237the validity of the sentence within Rule 27.26. The procedure of Rule…