Missouri Court of Appeals, Southern District / Feb 20, 2019
CHRISTOPHER ALLEN BORNEMAN, Movant-Appellant vs. STATE OF MISSOURI, Respondent-Respondent
Christopher Allen Borneman pleaded guilty to passing a bad check and received a seven-year prison sentence along with an order to pay restitution. He filed a Rule 24.035 motion for post-conviction relief, arguing the plea court lacked authority under section 557.011 to impose both incarceration and restitution. The motion court denied relief. On appeal, the Southern District affirmed, holding that Borneman waived his claim by knowingly, voluntarily, and intelligently entering into the plea agreement and that any error was self-invited.