Missouri Court of Appeals, Southern District / Apr 5, 2023
JOSHUA JOHNSON, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Joshua Johnson appealed the denial of his Rule 24.035 motion for post-conviction relief. Johnson claimed his guilty plea was involuntary due to ineffective assistance of counsel regarding sentencing advice and that his constitutional rights were violated when sentencing continued while he was unconscious. The motion court found Johnson's testimony not credible, and the appellate court affirmed, holding that the motion court did not clearly err in finding the plea knowing and voluntary, and that the claim regarding his presence at sentencing was not cognizable in a post-conviction motion.