DocketNumber: WD 81283
Citation Numbers: 551 S.W.3d 68
Judges: Ardini
Filed Date: 5/29/2018
Status: Precedential
Modified Date: 1/21/2022
Jacky D. Baker ("Baker") appeals the sentence imposed by the Circuit Court of Clinton County, Missouri, ("trial court") following a plea of guilty to the class A misdemeanor of endangering the welfare of a child. He argues that the trial court exceeded its statutory authority in sentencing him to 180 days of detention or "shock time" as a condition of his probation. We reverse and remand for re-sentencing with regard to the length of detention imposed as a condition of probation.
Factual and Procedural background
On November 17, 2017, Baker was charged by complaint with the Class B felony of child molestation in the first degree under section 566.067.
Analysis
Baker's sole point on appeal contends that the trial court erred in imposing 180 days of detention or "shock time" as a condition of his probation because, he argues, such a sentence exceeds the statutory maximum. Before we address the merits of Baker's claim, we must first determine whether his claim has been preserved for review. The record is bereft of any attempt by Baker to preserve the error he now claims or otherwise bring the matter to the attention of the trial court prior to the filing of this appeal. Consequently, the issue has not been preserved. "Any issue that was not preserved can only be reviewed for plain error, which requires a finding that manifest injustice or a miscarriage of justice has resulted from the trial court error." State v. Severe ,
We must next address whether Baker has waived the error he now alleges. "The general rule in Missouri is that a plea of guilty voluntarily and understandably made waives all non-jurisdictional defects and defenses." Wright v. State ,
Section 557.011.2(5) authorizes the trial court to, in combination with any of the other available dispositions, "[i]mpose a period of detention as a condition of probation, as authorized by section 559.026."
Conclusion
The sentence of the trial court is reversed with regard to the length of detention imposed as a condition of probation (or "shock time") and the case is remanded for the trial court to impose a period of detention as a condition of probation not to exceed the maximum authorized under section 559.026.
All concur.
All statutory citations are to the Revised Statutes of Missouri, 2017.
The State declined to file a brief in response to Baker's appeal.
"Section 559.026 is the so called 'shock probation' statute, the basic purpose of which is to permit the shock of relatively short term imprisonment during long term probation periods." Davis v. State ,