Legal Opinion

Williams v. State

Missouri Court of Appeals

Decided January 30, 1979No. 39868Published

1Opinion of the Court

CRIST, Judge.

Rule 27.26 proceeding to set aside judgment and sentence entered on a plea of guilty to Second Degree Burglary and Stealing.

Movant alleges error in his having to make a choice between a two-year sentence without probation or fifteen years with execution of the sentence suspended pending successful completion of a five year probation. Movant made the wrong choice of the longer sentence.

He had the misfortune of being convicted of burglary while on probation. He was then ordered to serve the fifteen years. He says he was denied due process in that the fifteen year sentence (ten…

2Cases cited4 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. State v. BurtonSupreme Court of Missouri · 1946
  3. Smith v. StateSupreme Court of Missouri · 1974
  4. Hill v. StateMissouri Court of Appeals · 1976

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