State ex rel. Boyd v. O'Toole

CRANDALL, Judge.

Shirley Boyd, appellant herein, pled guilty to driving a motor vehicle while intoxicated before the Honorable Daniel O’Toole, an associate circuit judge. Appellant was sentenced to sixty days in the county jail. Execution of sentence was suspended and she was placed on two years’ probation. Thereafter, appellant filed a motion to withdraw her plea of guilty. See Rule 29.07(d). Judge O’Toole denied her motion without an evidentiary hearing. Appellant then filed a petition for writ of mandamus in the circuit court seeking to compel Judge O’Toole to hold an evidentiary hearing.…