State v. Byers

John S. Byers pleaded guilty to the class A misdemeanor of sexual misconduct in the first degree, see section 566.090, RSMo Cum.Supp.2002. The trial court suspended the imposition of sentence (“SIS”) and placed Byers on supervised probation for a twenty-four-month term. Upon Byers’ successful completion of probation without incident, the case was closed. Over four years later, Byers, filed a Rule 27.09(d) motion to withdraw his guilty plea.1 The trial court, relying upon State ex rel. Kau-ble v. Hartenbach, 216 S.W.3d 158 (Mo. banc 2007), found that it lacked “authority to enter any order…