Burgess v. State

ZEL M. FISCHER, Judge.

Clarence Burgess entered an Alford1 plea to the charge of discharging a firearm at a building, § 571.030, RSMo Supp.2006. Burgess waived his right to file any future post-conviction relief under Rule 24.035, and the State recommended a 15-year sentence with a suspended execution of the sentence and a five-year probationary term. The circuit court rendered a judgment and sentence approving the plea agreement. Burgess subsequently violated the terms of his probation, his probation was revoked, and his 15-year sentence was ordered executed. Thereafter, Burgess filed a Rule…