State v. Backues

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Thomas H. Newton, Judge *893This court is reconsidering the decision in State of Missouri v. Karen A. Backues at the direction of the Missouri Supreme Court's October 30, 2018, order re-transferring the case. We decided the case on direct appeal rather than a writ of mandamus that the State filed in our court while the appeal was pending.

In a similar factual circumstance, State ex rel. Fite v. Johnson, 530 S.W.3d 508 (Mo. banc 2017), the Missouri Supreme Court held that the trial court erred in granting the defendant's Rule 29.07(d) motion and allowing the defendant to withdraw a plea of…