Order dated March 17, 2020, re: Correction of Rule 24.02(d)(1)

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Supreme Court of Missouri
en banc

March 17, 2020
Effective March 17, 2020
 
In re:
 
Correction of subdivision (d)(1) of subdivision 24.02, entitled "Misdemeanors or Felonies – Pleas," of Rule 24, entitled "Misdemeanors or Felonies – Arraignment and Proceedings Before Trial."

ORDER

1.  The Court hereby corrects subdivision 24.02(d)(1) of Rule 24 by removing duplicate language.  As corrected, effective March 17, 2020, subdivision 24.02(d)(1) shall read as follows:

24.02  MISDEMEANORS OR FELONIES – PLEAS

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(d) Plea Agreement Procedure.  The court shall not participate in any such discussions, but after a plea agreement has been reached, the court may discuss the agreement with the attorneys including any alternative that would be acceptable.

1. In General.  The prosecuting attorney and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty to a charged offense or to a lesser or related offense, the prosecuting attorney will do any of the following:

(A) Dismiss other charges; or

(B) Make a recommendation, or agree not to oppose the defendant's request, for a particular disposition, with the understanding that such recommendation or request shall not be binding on the court; or

(C) Agree that a specific sentence is the appropriate disposition of the case; or

(D) Make a recommendation for, or agree on, another appropriate disposition of the case.

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2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3.  It is ordered that this order be published in the South Western Reporter.

Day – to – Day

________________________________ 
GEORGE W. DRAPER III
Chief Justice

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