Comstock v. State

JAMES M. SMART, JR., Judge.

Nicholas Comstock appeals the denial of his motion for post-conviction relief under Rule 24.035, contending that, pursuant to Rule 24.02, the plea court should have informed him that the court was rejecting the plea recommendation made pursuant to an agreement, and that his counsel was ineffective in failing to move to withdraw his plea.

Comstock was charged by information with two counts of statutory rape in the first degree. On January 7, 2000, Com-stock entered into an agreement to plead guilty. In return for the guilty plea, the State agreed to recommend a…