Garris v. State
Annotate this CaseDefendant pleaded guilty to three counts of statutory sodomy in the first degree. Before trial, a third amended information was filed that charged Defendant as a predatory sex offender on Counts I and III. A factual basis of Defendant's guilt and status as a predatory sex offender was established at the plea hearing. Defendant filed a motion for post-conviction relief, alleging (1) his constitutional right to a jury trial was denied when the circuit court overruled his motion challenging the trial court's determination of his classification as a predatory sexual offender under Mo. Rev. Stat. 558.018, and (2) his due process rights were violated when the trial court overruled his motion challenging the hearing classifying him as a predatory sexual offender under Mo. Rev. Stat. 558.021.2 before the commencement of the scheduled jury trial. The motion court overruled Defendant's post-conviction motion without an evidentiary hearing. The Supreme Court affirmed, holding that the motion court did not clearly err in determining Defendant waived his constitutional challenges when he pleaded guilty.
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