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Swearengin v. State

Citations: 369 S.W.3d 806; 2012 Mo. App. LEXIS 891; 2012 WL 2731965Docket: No. WD 73743

Court: Missouri Court of Appeals; July 10, 2012; Missouri; State Appellate Court

Narrative Opinion Summary

Rodney Swearengin's appeal of the circuit court's judgment, which denied his motion for post-conviction relief, has been reviewed. Swearengin had previously entered an Alford plea to attempted sexual misconduct involving a child under fourteen and was sentenced to four years in prison. The motion court's findings of fact and conclusions of law were determined not to be clearly erroneous, leading to the affirmation of the denial of post-conviction relief. A memorandum outlining the reasons for this decision has been provided to the parties involved.

Legal Issues Addressed

Application of Alford Plea in Sentencing

Application: Swearengin entered an Alford plea to the charge of attempted sexual misconduct involving a child under fourteen, which resulted in a four-year prison sentence.

Reasoning: Swearengin had previously entered an Alford plea to attempted sexual misconduct involving a child under fourteen and was sentenced to four years in prison.

Review of Post-Conviction Relief Denial

Application: The appellate court reviewed the circuit court's denial of Rodney Swearengin's motion for post-conviction relief and affirmed the decision.

Reasoning: Rodney Swearengin's appeal of the circuit court's judgment, which denied his motion for post-conviction relief, has been reviewed.

Standard of Review for Motion Court's Findings

Application: The court found that the motion court's findings of fact and conclusions of law were not clearly erroneous, supporting the denial of post-conviction relief.

Reasoning: The motion court's findings of fact and conclusions of law were determined not to be clearly erroneous, leading to the affirmation of the denial of post-conviction relief.