(DOWNLOAD) "Alvin O. Ennis v. State Missouri" by Southern District, Division Two Court of Appeals of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Alvin O. Ennis v. State Missouri
- Author : Southern District, Division Two Court of Appeals of Missouri
- Release Date : January 28, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Alvin Ennis (Movant) was sentenced to two concurrent ten-year terms after pleading guilty to two counts of sodomy, §
566.060. 1 Thereafter he filed a timely motion to set aside the judgment and sentence pursuant to Rule 24.035 2 in which
he alleged, among other things, that the trial court had violated Rule 24.02(e) by not determining that a factual basis existed
for the guilty pleas. The motion was denied after Movant, by appointed counsel, requested that the court "take judicial notice
of the files in this matter and rule movant's motion based upon the record." Movant's sole point on this appeal is that the motion court clearly erred in finding that a factual basis existed for his
guilty pleas. He argues that the only factual basis for the charges which was identified by the trial court at the time of
the guilty pleas was Movant's admission that he had sexual intercourse with his two granddaughters. He contends that such
an admission was insufficient to support a conviction of sodomy under § 566.060 because there was no factual showing
of the required element of "deviate sexual intercourse."