McFarland v. State

The defendant James Lyle McFarland appeals from the denial of his Rule 24.035 motion without an evidentiary hearing. On November 20,1991, defendant plead guilty to driving while intoxicated, § 577.010, RSMo 1986, a class D felony. Pursuant to the plea agreement, he was sentenced as a prior offender to five years imprisonment under the 120 day call-back rule, § 559.115, RSMo Supp.1993, because the court intended to place the defendant on probation if he successfully completed a Missouri Department of Correction’s treatment program. After the successful completion of the treatment program, the…