Leatherwood v. State

CROW, Judge.

Michael Leatherwood (“Defendant”) appeals from an order dismissing his motion for posteonviction relief under Rule 24.035.1

Pursuant to a plea agreement, Defendant pled guilty to assault in the first degree. § 565.050, RSMo 1986. The prosecutor recited the agreement to the plea court:

“[I] agreed to recommend a 10-year sentence and that the Court exercise its discretion and release him on supervised probation for five years after serving 120 days. This will be concurrent with a sentence that he is now on parole on....”

The plea court addressed Defendant:

“I’ll tell you that although I…