Missouri Court of Appeals, Eastern District / Oct 1, 2024
Samantha L. Martinez, Appellant, v. State of Missouri, Respondent.
Samantha L. Martinez appealed the motion court's denial of her Rule 24.035 motion for post-conviction relief, arguing her trial counsel was ineffective. Martinez claimed counsel failed to correct her mistaken belief that she would serve only 40% of her sentence, rather than the required 85% for a special victim designation, which she alleged made her guilty plea involuntary. The appellate court affirmed the motion court's judgment. It held that the claim of affirmative misrepresentation was waived, and counsel's failure to correct a mistaken belief about parole eligibility was a collateral matter that did not render the plea involuntary.