Missouri Court of Appeals, Southern District / May 21, 2019
DALE FRAZIER, Movant-Appellant vs. STATE OF MISSOURI, Respondent-Respondent
Dale Frazier appealed the denial of his Rule 24.035 motion, seeking to set aside his two convictions for statutory sodomy in the second degree, which he entered via an Alford plea. He argued his sentence was illegal because parole was conditioned on admitting guilt, and that his plea counsel was ineffective for advising the Alford plea given this condition. The motion court denied relief, finding Frazier was adequately advised and failed to demonstrate prejudice. The appellate court affirmed the motion court's judgment, concluding there is no constitutional right to parole and Frazier did not prove ineffective assistance of counsel.