Missouri Court of Appeals, Eastern District / Feb 7, 2023
Johnathan Wyatt, Appellant, vs. State of Missouri, Respondent.
Johnathan Wyatt appealed the denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. He claimed the plea court erred in accepting his guilty plea without an unequivocal admission of factual requisites and that his plea counsel was ineffective for not advising him of lesser-included offenses. The appellate court affirmed the denial of an evidentiary hearing on the plea court's actions, finding the record refuted his claim. However, the court reversed and remanded for an evidentiary hearing on the ineffective assistance of counsel claim, as the record did not refute his allegation that counsel failed to advise him on lesser-included offenses.