Gary Noble Sunshine, Appellant, v. State of Missouri, Respondent

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Gary Noble Sunshine, Appellant, v. State of Missouri, Respondent Case Number: 72504 Handdown Date: 04/14/1998 Appeal From: Circuit Court of Jefferson County, Hon. Timothy J. Patterson Counsel for Appellant: Susan McGraugh Counsel for Respondent: Barbara K. Cheser Opinion Summary: None Citation: Opinion Author: Per Curiam Opinion Vote: Ahrens, P.J., Crandall and Karohl, J.J., concur. Opinion: O R D E R Movant filed a Rule 24.035 motion to obtain relief from Alfred pleas on charges of burglary first degree, assault first degree and armed criminal action. On the day for an evidentiary hearing: (1) the motion was submitted on the record; and movant filed a Rule 29.07(d) motion to set aside the Alfred pleas to correct a manifest injustice based on an affidavit of the complaining witness that the assault, a shooting, was an accident. The only issue on appeal is trial court error in not permitting movant to withdraw his plea, on motion, before he was sentenced. The findings and conclusions of the motion court relevant to the point on appeal are not clearly erroneous, they are supported by substantial evidence. An extended opinion would have no precedential value. We affirm. Rule 84.16(b). Separate Opinion: None

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.