Missouri Court of Appeals, Southern District / Mar 29, 2022
NICK E. JOHNSON, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent
Nick E. Johnson pleaded guilty to first-degree burglary in 2012 but was not sentenced until 2018. He appealed the denial of his Rule 24.035 motion for post-conviction relief, arguing that the six-year delay in sentencing resulted in a de facto consecutive sentence, breaching his plea agreement, and that his plea counsel rendered ineffective assistance. The appellate court affirmed the motion court's denial, finding no clear error as Movant's claims did not challenge the knowing and voluntary nature of his plea at the time it was entered, but rather complained about unforeseeable future actions.