Brooks v. State

PER CURIAM. 1

Kerry Brooks entered an Alford plea 2 to assault of a law enforcement officer in the first degree. 3 He subsequently filed this action under Rule 24.035, alleging, among other issues, that the plea agreement had been breached, that no factual basis for the plea existed, and that the charge in the information constituted a class B felony of assault rather than the class A felony for which he was sentenced. The motion court agreed that the plea agreement had been breached and ordered relief, but otherwise overruled the motion. The motion court’s judgment is affirmed.

Facts…